Prosecution Laches Before The Supreme Court

On March 2, 2026, Mr. Gilbert Hyatt, owner of 75 patents, filed a petition for writ of certiorari with the Supreme Court challenging the Federal Circuit's affirmance of the USPTO's denial of Mr. Hyatt's patent applications on the basis of “prosecution laches,” which can prevent enforcement (and in some cases issuance) of patents after an unreasonable delay by the applicant. 

The petition presents a (seemingly) straightforward question: Whether the PTO may invoke the equitable doctrine of “prosecution laches” to deny a patent to an applicant who has complied with all the Patent Act's timeliness provisions. 

Respondent (in this case, the United States Patent and Trademark Office) currently has 30 days to submit its opposition, though this deadline may be extended.