In a move that has aroused concern among legal professionals, the U.S. Patent and Trademark Office (USPTO) has recently stated that answering a Freedom of Information Act (FOIA) complaint would prove overly onerous. The heart of the issue revolves around a discontinued administrative practice “panel stacking”.
Recalling exact frequency instances where the USPTO instructed patent boards to arrive at different resolutions by manipulating the composition of their boards, or “stacking” them, is a task the USPTO asserts is impracticable. This practice was subsequently abandoned by the agency.
The debate surrounding the USPTO’s resistance to FOIA compliance in this case has warranted wider attention as this unwillingness is perceived to be affecting transparency and oversight in the agency’s decision-making mechanisms.
For more details on the USPTO’s position and the ongoing deliberations surrounding this controversy, here is the complete story from Law360.