Thursday, July 14, 2022
Section 145 of the Patent Act authorizes patent applicants to bring suit against the United States Patent and Trademark Office (USPTO) in district court following a loss at the Patent Trial and Appeal Board (PTAB). Under Section 145, patent applicants can present new evidence that was not suitable in a Patent Office appeal, including expert testimony. A 145 action can be quite powerful because it allows the court to decide for itself, without deference to the Patent Office, whether the “applicant is entitled to receive a patent for his invention.” And unlike a Section 141 appeal to the United States Court of Appeals for the Federal Circuit, there is no remand to the Patent Office for a do-over – a Section 145 judgment is final.
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Thursday, July 14, 2022
Free Webinar
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