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Article

Hunton Andrews Kurth LLP | USA | 10 Apr 2015

Federal Circuit clarifies applicability of Administrative Procedure Act to non-final PTO action

As a threshold matter, the CAFC found that the PTO’s refusal implicated the “final agency action” requirement of the APA, even though the PTO failed

Article

Hunton Andrews Kurth LLP | USA | 26 Mar 2015

CAFC rules PTO revival actions are not subject to challenge under the Administrative Procedure Act

Plaintiff-Appellant Exela appealed the district court’s dismissal of its complaint seeking to challenge the revival of an abandoned patent application

Article

Hunton Andrews Kurth LLP | USA | 22 Apr 2009

Federal Circuit resolves challenges to USPTO patent prosecution rules

On 20th March 2009 the Federal Circuit released its hotly anticipated decision in Tafas v Doll (formerly Tafas v Dudas), in which patent applicants and numerous amici challenged new rules promulgated by the US Patent and Trademark Office (PTO) for patent prosecution.

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