Supreme Court Decision Alert - April 18, 2012

Originally published April 18, 2012

Keywords: Patent Act, patent denial, Section 145, standard of review

Today the Supreme Court issued one decision, described below, of interest to the business community.

Patent Act—Introduction and Review of Evidence in Challenges to Patent Denial

Kappos v. Hyatt, No. 10-1219 (previously discussed in the June 27, 2011 Docket Report).

When the United States Patent and Trademark Office ("PTO") denies an application for a patent, the applicant may seek judicial relief in two different ways. The applicant may obtain review directly in the Federal Circuit (pursuant to 35 U.S.C. § 141) or, in the alternative, the applicant may file a civil action against the PTO in federal district court (pursuant to 35 U.S.C. § 145). Today, in Kappos v. Hyatt, No. 10-1219, the Supreme Court clarified both the scope of evidence that a patent applicant may proffer in a Section 145 proceeding and the appropriate standard of review. Justice