[Patentcenter] Your help is needed - Pursuing rehearing and rehearing en banc in the “no more notice-and-comment needed” opinion

Carl Oppedahl carl at oppedahl.com
Tue Feb 20 08:38:32 EST 2024


As I described inthis blog article 
<https://blog.oppedahl.com/has-the-uspto-just-been-given-freedom-from-notice-and-comment-requirements/>, 
I fear that a recent opinion from a three-judge panel of the Court of 
Appeals for the Federal Circuit will signal to the USPTO that going 
forward, it can duck the APA’s notice-and-comment requirements by 
arbitrarily deeming any rulemaking it does as merely “procedural”.

It seems to me that what needs to happen next is a rehearing, or a 
rehearing/en banc/, at the Federal Circuit, on this case (/In re Chestek 
PLLC/, February 13, 2024,slip opinion 
<https://blog.oppedahl.com/wp-content/uploads/2024/02/20240113-opinion.pdf>).

There are two ways that your help is needed.  See 
https://blog.oppedahl.com/pursuing-rehearing-and-rehearing-en-banc-in-the-no-more-notice-and-comment-needed-opinion/ 
.

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