USPTO Largely Loses Bid To Toss Inventors' Privacy Suit

Law360 (February 27, 2020, 8:53 PM EST) -- A D.C. federal judge has ruled that a class of inventors has sufficiently shown that a now-defunct U.S. Patent and Trademark Office program that flagged “sensitive” patent applications for extra review could have violated the Privacy Act, so most of the suit can survive for now.

U.S. District Judge Colleen Kollar-Kotelly’s Wednesday opinion said that while time might bear out the government’s contention that the Privacy Act doesn’t apply to the Sensitive Application Warning System, or SAWS, program because the records are about the inventions and not the inventors, that determination is better reserved for summary judgment.

“Because plaintiffs have sufficiently...

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