10 Nov 2010 | ,

Impact of the En Banc Hyatt v. Kappos Decision on Patent Prosecution

By Rick Neifeld, Neifeld IP Law, PC

The Court of Appeals for the Federal Circuit (CAFC) issued a significant patent law decision on 11/8/2010, affording patent applicants whose claims have been denied by the United States Patent and Trademark Office (USPTO) additional rights of review. This case suggests filing appeals in response to final actions, in situations where that would have previously been inadvisable.

The decision is Hyatt v. Kappos, Docket No. 2007-1066 (Fed. Cir.  11-8-2010)(en banc). This is an en banc decision reversing a prior decision of a panel of three judges of the CAFC.

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