Hyatt v. John A. Squires, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Gilbert Hyatt asks whether the U.S. Patent and Trademark Office may use prosecution laches (an equitable rule based on delay) to reject a patent application in a suit under federal patent law. Hyatt argues that Congress already set timing rules for patent examination, leaving no gap for that doctrine.

Oral argument has not been scheduled, and no substantive justice or advocate reactions are available yet.

The answer could affect patent applicants whose applications face long or complex examination histories. For example, an applicant who meets statutory requirements could still face a denial based on alleged delay if the PTO may use prosecution laches.

No decision window is available yet. Watch for oral argument or another scheduling move from the Court.

The case asks whether the PTO may invoke prosecution laches to deny an application despite statutory patent-examination timing rules.

Patent applicants with lengthy examination histories could be affected. The PTO's ability to deny applications based on delay is at issue.

No oral argument is scheduled and no decision window is available. Watch for a scheduling move from the Court.