No. 25-1049October Term 2025Dismissed
Gilbert P. Hyatt, Petitioner v. John A. Squires, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
from the United States Court of Appeals for the Federal Circuit.
Case status
- Current stage
- Dismissed
- Latest event
- Dismissed
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Federal Circuit.
Question presented
Whether the USPTO may invoke prosecution laches as a defense to a disappointed patent applicant’s suit under 35 U.S.C. 145.
- Case path
United States Court of Appeals for the Federal Circuit / Dismissed
- Area
Dismissed Supreme Court case
Briefing
What it's about
Gilbert Hyatt is asking the Supreme Court to review whether the U.S. Patent and Trademark Office can use prosecution laches (a judge-made rule about unreasonable delay) to defeat his Section 145 case, a district court suit after a patent denial. Hyatt says Congress already set detailed timing rules for patent examination, so the agency should not add this extra barrier.
Argument
No oral argument is scheduled, and the Court has not yet decided whether to hear the case. Hyatt argues this delay doctrine is a limited "gap-filling doctrine" that cannot override Congress's patent timelines.
Impact
The answer could shape how the Patent Office handles long-running applications. For example, an inventor who met the statutory deadlines could still lose a patent if the agency may rely on this delay-based doctrine.
What is the main issue in Hyatt v. Squires?
The petition asks whether the USPTO can use a delay-based fairness doctrine to defeat Hyatt's district court suit after a patent denial.
Who is affected if the USPTO can use this delay doctrine?
Patent applicants with long-running cases could lose patents even when they followed Congress's timing rules. The agency would keep a stronger tool to reject some delayed applications.
What happens next in Hyatt v. Squires?
The justices first will decide whether to grant certiorari (hear the case). No oral argument is scheduled yet.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology