District Courts Must Conduct De Novo Review of Patent Claims Denials in Actions Under Section 145 of U.S. Patent Act

Section 145 of the U.S. Patent Act grants a patent applicant whose claims are denied by the U.S. Patent and Trademark Office (USPTO) the opportunity to challenge the USPTO’s decision by filing a civil action against the Director of the USPTO in federal district court. In such a proceeding, the applicant may present evidence to the district court that he did not present to the USPTO. In a decision issued today, the U.S. Supreme Court held that a district court hearing a Section 145 proceeding must conduct a de novo review of the USPTO’s decision denying the applicant’s claims, and that the only limitations on the applicant’s ability to introduce new evidence in such a proceeding are the generally applicable provisions of the Federal Rules of Evidence and the Federal Rules of Civil Procedure. Kappos v. Hyatt, No. 10–1219 (U.S. Sup. Ct. April 18, 2012).

Print Friendly
en.pdf24.org    Send article as PDF   
This entry was posted in Intellectual Property Law. Bookmark the permalink.