USPTO Says Group Lacks Standing In Stem Cell Patent Appeal

Law360, New York (January 23, 2014, 5:33 PM EST) -- The U.S. Patent and Trademark Office told the Federal Circuit last week that parties without a "concrete" interest in a patent cannot appeal USPTO review decisions, urging the court to toss an appeal by a consumer group challenging the validity of a stem cell patent.

In an amicus brief filed Jan. 17 and made public Thursday, the agency noted that anyone can seek to have the validity of patents re-examined in USPTO proceedings, but argued that only those that have suffered some injury have standing under...
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