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…
What happens when the United States Patent and Trademark Office does not want to give an inventor a patent? We can all recite what is supposed to happen, but what if the Office really does not want the person to get a patent to the point that the Office simply refuses to move prosecution forward, or constantly reopens prosecution even…