Federal Circuit Upholds Stance on Prosecution Laches, Signals Need for En Banc Review

In a recent proceeding, a panel from the Federal Circuit expressed reservations about overturning existing precedent on prosecution laches. The panel maintained that inventors who unnecessarily delay their patent applications may lose their rights, referring to the case of inventor Gilbert Hyatt. Hyatt’s counsel was informed that a full court would be needed to reconsider and potentially discard this precedent. This decision underscores the court’s commitment to ensuring that patent rights are not extended through undue delay tactics during prosecution. For further details, the comprehensive analysis of this decision is available here.