Writing Opinions at the Federal Circuit
Patent – Patently-O 2017-02-09
It has now been one week since I posted a draft version of my article Wrongly Affirmed Without Opinion arguing that the Patent and Trademark Statutes requires that the USPTO issue opinions in PTO appeals (rather than just Rule 36 Judgments Without Opinion). Although the court has not offered any public statement, it has not issued any R.36 judgments during this time. During the month of January the court issued 15 judgments in PTO appeal. Those included: 1 precedential opinion, 2 non-precedential opinions, and 12 judgments without opinion. No PTO appeal decisions have been issued yet in February 2017.