By Richard Torczon ( September 18, 2017, 1:34 PM EDT) -- In Microsoft Corp. v. Proxyconn Inc., the United States Court of Appeals for the Federal Circuit acknowledged that "[a] fluid, case-based interpretation by the PTO [U.S. Patent and Trademark Office] of its own regulations risks leaving interested members of the public in a state of uncertainty, without ascertainable standards and adequate notice to comply."[1] The court concluded, however, that it "cannot say that the PTO has abused its discretion in choosing adjudication over rulemaking."[2] A recent Federal Circuit decision (Snyder v. Secretary of Veterans Affairs)[3] reviewing a "precedential" agency decision raises the question of whether the PTO has met the requirements for using adjudicative decisions as precedent.[4]...
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