Patent Owner Appeals PTO’s Refusal to Retroactively Apply Memo

A patent owner will appeal the acting chief of the US Patent and Trademark Office’s refusal to retroactively apply recent guidance easing administrative judges’ ability to reject validity challenges without reaching their merits.

Efficient Power Conversion Corporation, represented by former PTO Director Andrei Iancu of Sullivan & Cromwell LLP, on Wednesday filed a notice of appeal to the US Court of Appeals for the Federal Circuit at the PTO’s administrative tribunal.

EPC’s appeal contrasts with recent appeals by tech companies arguing that the patent office violated the US Constitution’s Due Process Clause and the Administrative Procedure Act by retroactively applying ...