Jackson Leeds v. Commissioner of Patents and Trademarks

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Jackson Leeds seeks access under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, to statements of “Reasons for Allowance” of patent claims prepared pursuant to § 1.109 of the Patent and Trademark Office’s (“PTO”) regulations. 1 The Commissioner of the PTO responded to Leeds’ request by stating that all statements of reasons for allowance, including those made pursuant to Rule 109 (“Rule 109 statements”), are available to Leeds as part of the patent files themselves, which are open to public inspection and indexed…