Analysis

Fed. Circ. Preserves Rule Inventors Say Can Be A Burden

Law360 (October 5, 2018, 7:49 PM EDT) -- The Federal Circuit’s recent decision rejecting a challenge to the U.S. Patent and Trademark Office’s ability to reopen patent prosecution rather than hear an appeal preserves a rule the agency has said is necessary to prosecution but some feel can make life difficult for inventors.

The appeals court on Sept. 24 upheld a lower court’s decision to dismiss a lawsuit brought by inventor Gilbert Hyatt, who argued, among other things, the rule conflicted with patent applicants’ right to appeal examiner rejections. The court said this argument was based on a mistaken interpretation of the law.

With the ruling, the Federal Circuit...

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