Sunday, March 13, 2011

Hyatt v. Kappos or Sec. 145 is more interesting than you thought

The Federal Circult en banc decision in Hyatt v. Kappos 625 F. 3d 1320 concerns a hithertofore obscure section of 35 USC, the 35 USC 145 civil action to obtain patent, which reads, in part:

An applicant dissatisfied with the decision of the Board of Patent Appeals and Interferences in an appeal under section 134(a) of this title may, ... have remedy by civil action against the Director in the United States District Court for the District of Columbia ....

The short version of the case is that the inventor Hyatt introduced new evidence--never presented to the patent office--during the civil trial. The Federal circuit said "fine."

Here's a copy of all 80 pages of Hyatt v. Kappos via Google Scholar.


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