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Patent Purgatory: How the USPTO Puts Patent Applications on Hold, and How One Inventor Is Fighting Back

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 after the Board has reversed a patent examiner?

The experience of Gilbert Hyatt sheds some light on the tools that the Office has at its disposal when it decides to take aim at an applicant. Mr. Hyatt is a successful inventor with more than 70 patents to his name, in fields like control systems, manufacturing, computer and memory architecture, signal processing, and image processing. Despite his best efforts and much litigation, he has not received a patent since 1997!

If Gilbert Hyatt were a typical independent inventor or small business, no one would know of his plight because he would have been forced to give up long ago. But Hyatt persists in his fight.

Join Gene Quinn, President & CEO of IPWatchdog, Inc., on Tuesday, October 26, 2021, at 12 PM ET, for this special webinar to discuss the Gilbert Hyatt saga. Joining Gene will be Andrew Grossman, a partner at BakerHostetler and head of the firm’s appellate and major motions practice, Paul Kamenar, an attorney and Senior Fellow of the Administrative Conference of the United States, and Gilbert Hyatt.

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Wednesday, October 26, 2021 at 12:00 PM ET

About Our Speakers

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Independant Inventor

Gilbert Hyatt is an engineer, scientist, and inventor who has obtained more than 70 issued patents. Some of his patents and applications cover micro computer structure, computer memory architecture, incremental processing, illumination devices, display devices, graphics systems, image processing, and sound and speech processing. Mr. Hyatt received a BSEE degree from UC Berkeley in 1959 and an MSEE degree from USC in 1965. Mr. Hyatt spent his adult life developing advanced technologies, first in aerospace and then in inventing and getting his inventions to market.  Mr. Hyatt is known for his early work in micro computers from 1968. He was President of a startup company, Micro Computer Company, in 1968 and, after receiving investment capital, he was VP at Micro Computer Inc. in 1970.  Mr. Hyatt continued his research and development work on advanced technologies and filed about 400 Transitional patent applications in mid-1995 under the GATT legislation on the results of his R & D, several of which immediately issued as patents.  In 2012 Mr. Hyatt won a unanimous Supreme Court decision against the Patent Office that provides relief for patent applicants in § 145 civil actions. For more than 20 years, Mr. Hyatt has been diligently attempting to get the Patent Office to issue his Transitional patent applications which is necessary to get investment capital to get his inventions to market.  In 2017, a Federal court ordered the Patent Office to issue three patents to Mr. Hyatt (which the Patent Office is appealing) and in about 2018 the Patent Office finally let him get more of his Transitional patent applications to the courts for adjudication. 

Gilbert Hyatt

President, IPWatchdog, Inc.

Gene Quinn is a patent attorney and a leading commentator on patent law and innovation policy. Mr. Quinn has twice been named one of the top 50 most influential people in IP by Managing IP Magazine, in both 2014 and 2019. From 2017-2020, Mr. Quinn has also been recognized by IAM Magazine as one of the top 300 IP strategists in the world, and in 2021 he was recognized by IAM in their inaugural Strategy 300 Global Leaders list. Mr. Quinn founded in 1999, and he is currently President & CEO of IPWatchdog, Inc. According to IAM Magazine, Mr. Quinn “has reshaped the IP debate in the United States in a way that has forced policy makers to carefully consider the macroeconomic effects of IP law and its potential to drive innovation and economic activity.”

Gene Quinn

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Senior Fellow of the Administrative Conference of the United States

Paul Kamenar is a Washington, D.C. public policy and appellate attorney who counsels clients on legal, regulatory, and public policy matters. He is also a Senior Fellow of the Administrative Conference of the United States and guest lectures at the U.S. Naval Academy on National Security Law. He has been a speaker at several conferences across the country on overcriminalization and regulatory enforcement, including those sponsored by the American Bar Association, George Mason University Law School, S.J. Quinney College of Law-University of Utah, American University Washington College of Law, Northwestern University School of Law, and the Cleveland Chapter of the Federalist Society. He also has briefed Members of Congress and their staff on overcriminalization issues along with representatives from the National Association of Criminal Defense Lawyers and the Heritage Foundation. He and his clients have also testified before congressional committees on these issues. He was Senior Executive Counsel of the Washington Legal Foundation, Clinical Professor of Law at George Mason University Law School from 1999-2005, and adjunct professor at Georgetown University Law Center teaching a separation of powers/appellate advocacy seminar.

Paul Kamenar

Partner and Appellate and Major Motions team co-leader, BakerHostetler

Andrew Grossman is a partner and the Appellate and Major Motions team co-leader for BakerHostetler. He has appeared before nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues. He has also received attention for his work before the United States Supreme Court, including for First Amendment cases, many prominent amicus briefs and his recent grant of certiorari in a major class-action challenge.  Andrew has developed and implemented litigation and administrative strategies for clients in several fields and industries. He regularly works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals.

Andrew Grossman

About Our Sponsor

Triangle IP is a provides patent management software for enterprises for the life cycle of each innovation through the last annuity.  Patent mining is done collaboratively with all the inventors having visibility into the process.  Patent drafts are exchanged with counsel securely without use of email.  After filing, private PAIR status is available even without need for an in-house patent counsel.  Deep analytics provide patentability and cost predictions from the moment of capture along with how hard and lengthy the battle will likely be to get your patent.  Examiner and counsel statistics are also provided along with dashboards specific to each role to encourage engagement and visibility.  The tool aims to democratize patent portfolio management with simple interfaces and understandable insights that anyone can understand.