[Patentpractice] "Good and Sufficient Cause"

[David Boundy]

I know of nothing at the PTO (except a petition decision that simply
ignored the issue after it was fairly raised -- jerks).   Here is the
argument I made for "good and sufficient reasons" of Rule 116:


Rule 116 states a “good and sufficient reasons” standard, not an
“unavoidable” or “could not have” standard.

            Similar language used elsewhere in the law suggests a very low
standard.  In Bankruptcy Courts (which are also Article I agencies, like
the PTO), “good and sufficient reasons” requires no more than some
“articulated … findings and conclusions.”  *In re Monarch Beach Venture,
Ltd.*, 166 B.R. 428, 435 (C.D. Cal. Bankr. 1993)  “Good cause” is generally
recognized as a low standard that may be satisfied by mere explanation of
“confusion.”  *Pace v. DiGuglielmo*, 544 U.S. 408, 416–17 (Sup. Ct. 2005).  To
satisfy the Supreme Court’s “specific reasons” standard for granting
extensions, the Solicitor General typically identifies no more than “the
heavy press” of other cases.  *Contrast* Supreme Court Rule 30.4 *with*
Solicitor General’s Motion of Extension of Time, *Arthrex, Inc. v. Smith &
Nephew, Inc.*, No. 22-639 (Jan. 27, 2023).  “Good and sufficient reasons”
does not require meeting some high burden of proof, or disproving all
possible alternatives.  The Federal Register final rule notice, 69 Fed.
Reg. 49960 (Aug. 12, 2004) offers no reason to believe that “good and
sufficient reasons” in § 1.116(b)(3) means anything more than it means
elsewhere in the law, or implies anything like an “unavoidable” or “could
not have” standard.

On Thu, May 2, 2024 at 4:07 PM Roger Browdy via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Does anyone know of or have access to any petition decisions that define
> “good and sufficient cause” for delay, for example, in filing of a
> certified priority document?  Or at least examples of what the Petitions
> Office is accepting as good and sufficient cause?  Thank you very much in
> advance.
>
>
>
> Roger
> --
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> Patentpractice at oppedahl-lists.com
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>


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