Try our Advanced Search for more refined results

Expert Analysis

Fed. Circ. Is Permitted To Use Rule 36 For USPTO Appeals

Law360, New York (March 7, 2017, 12:29 PM EST) -- An intriguing argument has recently been advanced, based on a novel theory about the permissibility of so-called "Rule 36 affirmances." One commentator had contended that the Federal Circuit's use of "Rule 36 affirmances" in appeals from the U.S. Patent and Trademark Office violates statutory mandates established by Congress in 35 U.S.C. § 144 and 15 U.S.C. § 1071(a)(4).[1] As the argument goes, because those two statutory provisions state that the Federal Circuit "shall issue to the Director its mandate and opinion,"[2] the Federal Circuit must write an opinion in every such appeal and cannot simply use a one-word Rule 36 affirmance....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!