What types of court decisions can be entered into a patent file?
The U.S. Patent and Trademark Office (USPTO) accepts various types of court decisions for entry into patent files. According to MPEP 2207, these include:
- Final court decisions (even if still appealable)
- Decisions to vacate
- Decisions to remand
- Decisions on the merits of patent claims
The MPEP states: The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims.
It’s important to note that non-merit decisions, such as those on motions for a new venue or discovery date, are not entered and may be expunged if mistakenly added.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2207 - Entry Of Court Decision In Patent File,
Patent Law,
Patent Procedure