Fed. Circ. Urged To Revive Suit Over USPTO's 'Secret Rule'

Law360 (June 23, 2021, 7:54 PM EDT) -- An inventor who sued the U.S. Patent and Trademark Office over an alleged internal policy to reject all of his patent applications has taken his fight to the Federal Circuit, saying that the lower court's refusal to expose the agency "infected its entire approach to this case with serious error."

In an opening brief Monday, inventor Gilbert Hyatt urged the Federal Circuit to take up his appeal of a Virginia federal judge's finding that the evidence was "unmistakably clear" that the USPTO had not adopted a rule on Hyatt's applications. Instead, it was the applications' "length, complexity and interrelatedness" that were...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

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!