“Patent Stalled at the USPTO? Consider Presenting New Evidence in Federal District Court,” David J. Muzilla, Patent Agent

A recent decision by the Court of Appeals for the Federal Circuit is particularly significant to patent applicants in that a 35 U.S.C. 145 civil action allows the applicant to introduce new evidence after the close of USPTO administrative proceedings. The new evidence must be reviewed by the federal district court de novo (anew) as part of the 35 U.S.C. 145 trial.

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