U.S. Supreme Court
Apr. 20, 2012
Supreme Court rejects PTO's appeal
Rejecting an appeal lodged by the U.S. Patent and Trademark Office, the U.S. Supreme Court unanimously held Wednesday that patent applicants can introduce new evidence in a little-used civil action to challenge rejected applications.
By Robert Iafolla
Daily Journal Staff Writer
Rejecting an appeal lodged by the U.S. Patent and Trademark Office, the U.S. Supreme Court unanimously held Wednesday that patent applicants can introduce new evidence in a little-used civil action to challenge rejected applications.
The federal judge overseeing the proceeding, known as a 145 action, must make a new finding if the evidence affects a disputed question of fact in the case, the court held.
The decision...
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