Panel: Prosecution Laches Available As A Defense For Patent Office

Mealey's (June 2, 2021, 12:09 PM EDT) -- WASHINGTON, D.C. — In what it said was the “first time” it has considered the issue, the Federal Circuit U.S. Court of Appeals on June 1 ruled that when defending the denial of a patent application pursuant to Section 145 of the Patent Act, 35 U.S.C. § 145, the U.S. Patent and Trademark Office (PTO) may invoke prosecution laches....