Patent Judge Whistleblower Case Fuels Criticism of Agency Ethics

An administrative patent judge’s initial whistleblower victory has the potential to damage the US Patent and Trademark Office’s ethical credibility, some attorneys said, as the agency faces ongoing scrutiny over its process for reviewing patent validity challenges.

The US Merit Systems Protection Board earlier this month determined that Judge Michael Fitzpatrick must be reinstated to the office’s Patent Trial and Appeal Board, which has the power to uphold or wipe out patents that can underlie high-stakes litigation in federal court.

Fitzpatrick had alleged agency officials unlawfully sidelined him in retaliation for raising concerns, beginning in 2016, about attempts to expand ...