Legal Opinion
Blacklight Power, Inc. v. James E. Rogan, Director, Patent and Trademark Office
Court of Appeals for the Federal Circuit
Decided June 28, 2002No. 00-1530PublishedCited by 15 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
The question on appeal is whether the Director of the Patent and Trademark Office had the authority summarily to withdraw BlackLight’s patent application from issue, following Notice of Allowance, payment of the issue fee and notification of the issue date, and with publication of the drawing and claim in the Official Gazette. We conclude that such withdrawal was within the scope of the Director’s authority and responsibility for performing the mission of the Patent and Trademark Office, when viewed in light of the unusual circumstances of this case. The district…
2Cases cited8 opinions
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- Commissioner v. EngleSupreme Court of the United States · 1984
- In Re Kuriappan P. Alappat, Edward E. Averill and James G. LarsenCourt of Appeals for the Federal Circuit · 1994
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