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Inventor Faces Skeptical Appeals Court in PTO ‘Secret Rule’ Case

Nov. 1, 2021, 9:18 PM

Inventor Gilbert Hyatt faced skepticism from a Federal Circuit panel in his attempt to revive a lawsuit accusing the U.S. Patent and Trademark Office of maintaining a secret rule to block him from obtaining patents.

Hyatt is appealing a decision from a judge in the U.S. District Court for the Eastern District of Virginia in favor of the patent office. The PTO has denied the alleged “no-patents-for-Hyatt” rule currently exists.

Hyatt argues the district court, among other things, excluded the bulk of evidence related to the alleged rule, including several declarations from “agency insiders.” But Judge Todd Hughes questioned the ...