TBA Law Blog

Posted by: Stacey Shrader Joslin on Apr 19, 2012

The U.S. Supreme Court ruled unanimously yesterday that federal judges may consider previously unsubmitted evidence when inventors challenge rejection of their patent application by the Patent and Trademark Office (PTO). The case arose when an inventor challenged a rejection with evidence that he had not provided previously to the PTO. The agency had sought dismissal of the case. Writing for the court, Justice Clarence Thomas said there were no additional evidentiary restrictions to be placed on patent application challenges. Read more from Business Week