Squires Tells SCOTUS Gil Hyatt's Conduct Was 'Extraordinary', Warranting Laches Denial

The USPTO Director John Squires filed a brief opposing Gilbert Hyatt’s petition for certiorari seeking review of the Federal Circuit’s prosecution laches doctrine. The question presented asks whether the PTO may invoke prosecution laches to deny a patent to an applicant who complied with all Patent Act timeliness provisions. The petition is described as challenging a doctrine that destabilizes patent rights and creates unpredictability. Squires argues Hyatt’s applications, filed during the “GATT Bubble,” were highly unusual and involved bulk filing with numerous duplicate, extraordinarily lengthy and complex claims. The brief contends these filings posed unique and extreme challenges for the USPTO, creating a perfect storm that overwhelmed the PTO and all but guaranteed indefinite prosecution delay.

"The specific question presented to the Justices is: "Whether the PTO may invoke the equitable doctrine of 'prosecution laches' to deny a patent to an applicant who has complied with all the Patent Act's timeliness provisions.""

"Squires' brief filed yesterday argued that Hyatt's patent applications, filed during the period known as the "GATT Bubble"—which refers to the short time before patent term was changed to run from the date of issuance to the date of filing, as per the Agreement on Trade-Related Aspects of Intellectual Property at the Uruguay Round of the General Agreement on Tariff and Trade (GATT)—are "highly unusual" and accused Hyatt of bulk-filing applications including "numerous duplicate" claims that are "extraordinarily lengthy and complex.""

"The brief claims these applications have posed "'unique' and 'extreme' challenges for the USPTO," and that Hyatt's prosecution conduct "created a perfect storm that overwhelmed the PTO" and "all but guaranteed indefinite prosecution delay.""

Read at IPWatchdog.com | Patents & Intellectual Property Law