Problems With USPTO Withholding Record For Some Appeals

Law360 (July 24, 2020, 6:57 PM EDT) -- Appeals from the U.S. Patent and Trademark Office follow a statutorily prescribed sequence of events.

Or, at least, they are supposed to. One of those steps requires the USPTO to transmit to the U.S. Court of Appeals for the Federal Circuit a certified list of the administrative record when a private party files a notice of appeal from a USPTO decision to the Federal Circuit.

This function is clerical but is nonetheless compulsory. Specifically, Title 35 of the U.S. Code, Section 143, mandates:

With respect to an appeal described in section 142, the Director shall transmit to the United States Court...

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