Hi Phil. I work as a paralegal in constitutional/administrative law for the
Attorney General of British Columbia in Canada. While our laws are going to
be substantially different from what goes on in the States, up here the PTO
board would be an administrative tribunal whose decisions are subject to
judicial review by the courts.
Here, administrative tribunals must adhere to certain principles of natural
justice (ie. administrative fairness) and one of the enumerated grounds for
such fairness is for an administrative body to give adequate reasons for its
decisions. On Canadian principles, your PTO sounds like it will have
violated that, and probably other grounds of administrative fairness. Such
decisions can be reviewed by the courts (which apply more rigorous standards
of appeal etc than admin tribunals).
But that's applying our law. Sounds like legal advice is in order. There
ought to be a whole slough of lawyers in patent/copyright law eager to
litigate, and will probably provide an initial consultation for free.
Hugh Trenchard
----- Original Message -----
From: "Phil Henshaw" <
[hidden email]>
To: "'The Friday Morning Applied Complexity Coffee Group'"
<friam at redfish.com>
Sent: Thursday, March 06, 2008 3:46 PM
Subject: [FRIAM] patent puzzle
Might there be anyone who knows what to do with a PTO appeals board
decision to not say why they're reversing a previous appeals board
decision, and saying they wouldn't believe the claim even if they saw
the clear evidence of it?
Phil Henshaw ????.?? ? `?.????
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