In 2019, the issue of preservation of constitutional arguments before the USPTO, which had basically been dormant for a decade, was abruptly and dramatically revived. Now the subject of whether constitutional arguments generally ought to be preserved before the agency is settled, at least for the time being. Constitutional arguments should ordinarily be preserved before the agency; otherwise those constitutional arguments might be summarily deemed forfeited on appeal.
Recent Posts
- Patently Strategic Podcast: ITC Proofing Portfolios
- USPTO Says Order Terminating More than 3,000 Applications for Fraudulent Signatures is a Warning for Practitioners
- Export Control Requirements When Assigning Chinese Patents and Patent Applications to Foreign Entities
- Register of Copyrights Shira Perlmutter Jumps into the Great AI Debate at IPWatchdog LIVE
- Checking in With Alice Part II: Takeaways and Predictions