Petition of the day: Kappos v. Hyatt
on Jun 14, 2011 at 6:16 pm
The petition of the day is:
Title: Kappos v. Hyatt
Issue(s):Â Whether a plaintiff, who is appealing the denial of an application of a patent by commencing a civil action against the Director of the United States Patent and Trademark Office (PTO) in a federal district court pursuant to 35 U.S.C. Â§ 145, may introduce new evidence that could have been presented to the agency in the first instance; and 2) whether when new evidence is introduced under section 145, the district court may decide de novo the factual questions to which the evidence pertains, without giving deference to the prior decision of the PTO.