In Hyatt v. Stewart, the Federal Circuit's stance on prosecution laches suggests that patents taking longer than six years to issue can be deemed unenforceable. This view is contentious, as it opposes the clear statutory presumption of patent validity under 35 U.S.C. 282. Critics highlight the absurdity of this doctrine, particularly since the Supreme Court ruled in 2017 that laches should not apply within defined statutory timeframes. This raises concerns about potential widespread unenforceability of patents, undermining the federal protections designed to support patent holders.
Today the Federal Circuit is saying that laches can occur even when the patent applicant follows all statutory and rule-based timelines. This is as wrong as it is absurd.
The Federal Circuit ruled - rather improvidently - that a patent is presumed unenforceable if prosecution took longer than six years.
Skeptics of this doctrine rightly point out that it contradicts 35 U.S.C. 282, which states that issued patents shall be presumed valid.
The Supreme Court in 2017 determined laches to be inappropriate when actions are taken within the statutorily defined period.
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