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...

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