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Inventor Takes Patent Office ‘Secret Rule’ Case to Supreme Court

May 16, 2022, 5:50 PM

Inventor Gilbert Hyatt asked the US Supreme Court to review what he calls a secret U.S. Patent and Trademark Office rule to prevent him from obtaining patents.

Hyatt appealed a US Court of Appeals for the Federal Circuit decision that upheld summary judgment in favor of the patent office and dismissed Hyatt’s claims about a secret “no-patents-for-Hyatt” rule. The US Patent and Trademark Office has denied the existence of such a rule.

The Federal Circuit was wrong to affirm the Virginia federal court, which applied the wrong summary judgment standard, Hyatt argued in his petition for review. He said the ...