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New standard for civil suits against the USPTO

Eileen McDermott, New York

A full panel of the Federal Circuit ruled last week that patent applicants may present new evidence in civil actions challenging decisions by the Board of Patent Appeals and Interferences

In Hyatt v Kappos, the majority of an en banc panel of the Federal Circuit said that new evidence submitted as part of a civil challenge to a BPAI decision in district court is admissible, even if the information could...

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