Tag Archives: Kappos

Supreme Court Affirms Hyatt, Confirms Availability Of New Evidence, De Novo Review In Section 145 Actions

On April 18, 2012, the U.S. Supreme Court decided Kappos v. Hyatt, which raised questions regarding the ability to introduce new evidence and the applicable standard of review when a patent applicant challenges the USPTO’s refusal to grant a patent in a district court  proceeding under 35 USC § 145 (“Civil Action to Obtain a … Continue reading this entry

How Will Patent Reform Solve The USPTO Backlog?

Last week, The Kojo Nnamdi Show on Washington, D.C. public radio station WAMU had two programs about patent reform. On Tuesday, there was a panel discussion on “Innovation and Patent Reform.” On Wednesday, Kojo talked with USPTO Director David Kappos about “Updating the U.S. Patent Office.” While I usually cringe when mainstream media discusses patent issues, … Continue reading this entry

Patent Term Adjustment - When Is An Action An Action?

Yet another complaint has been filed against the USPTO challenging Patent Term Adjustment. The issue raised in Oncolytics Biotech Inc. v. Kappos is whether a deficient Office Action that was subsequently vacated by the USPTO nevertheless satisfied the USPTO’s obligation to take action within four months of the applicant’s previous reply.… Continue reading this entry

Federal Circuit Keeps Door Open for New Evidence in Section 145 Actions

On Monday, November 8, 2010, the Federal Circuit issued its decision in the en banc re-hearing of Hyatt v. Kappos. The en banc court departed from the August 11, 2009 panel decision, and held that there are virtually no limits on the new evidence that a patent applicant can introduce against the USPTO in a district court action … Continue reading this entry

USPTO Forges Ahead With International Worksharing

During his first year as Director of the USPTO, David Kappos has championed international worksharing as a key mechanism for addressing the growing workload—and backlog—facing patent offices around the world. Patent Prosecution Highway programs were the first international worksharing initiatives, and a recent announcement on Kappos’ blog indicates that more programs are on the horizon. … Continue reading this entry