Honigsbaum v. Lehman

MEMORANDUM

ROBERTSON, District Judge.

The question presented by this case is whether the Commissioner of Patents and Trademarks was required to waive the provisions of a Patent and Trademark Office regulation establishing rules for proving that a patent application was timely filed, where the application never reached the Patent and Trademark Office and the applicant is unable to produce an Express Mail receipt. The matter is before me on cross motions for summary judgment. The material facts are not in dispute. The plaintiff claims that the Commissioner’s refusal to waive the regulation’s…