9th Circ. Affirms Gov't Win In Patent Paperwork Row

Law360 (May 20, 2021, 9:04 PM EDT) -- The Ninth Circuit rejected a challenge by patent applicants who took umbrage at the U.S. Patent and Trademark Office's "overly burdensome" demands, finding Thursday that the agency's rules are not subject to a federal law aimed at reducing the paperwork burden on the public.

In a 15-page precedential opinion, a three-judge panel ruled that the USPTO's rules for corresponding with applicants during the patent examination process do not qualify as a "collection of information" that put them within scope of the Paperwork Reduction Act.

Under the act, agencies must get approval from the Office of Management and Budget before collecting information...

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