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Serial Patent Filer Loses Appeal in Agency Rules Challenge (1)

Sept. 24, 2018, 3:35 PMUpdated: Sept. 24, 2018, 8:43 PM

The Patent and Trademark Office can give new reasons for rejecting a patent application beyond those the examiner gave initially for rejecting it, a federal appeals court said.

The U.S. Court of Appeals for the Federal Circuit said inventor Gilbert P. Hyatt can’t challenge the patent office’s internal rules because he waited too long to sue over them.

The Sept. 24 decision clarifies the deadlines for patent filer challenges to the PTO’s rules.

Hyatt had argued the rules violate the Administrative Procedure Act, the law that governs agency rulemaking.

The PTO rejected Hyatt’s petition to repeal Section 1207.04 of the ...