Eurica Califorrniaa v. Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
AdministrativeLaw DueProcess Securities Patent Trademark Privacy
Whether United States v. Vuitch, 402 U.S. 62 (1971), should be overruled in favor of equality with the unborn?
Questions Presented Petitioner wholly owns United States Patent No. 10,245,075 directed to a “nondestructive means of. ectopic pregnancy management,” which teaches a non-homicidal alternative to traditional abortion. He appeals from respondent’s 51-day reduction of his patent term. The questions presented are: 1. Whether United States v. Vuitch, 402 U.S. 62 (1971), should be overruled in favor of equality with the unborn? 2. Whether 37 C.F.R. § 1.704(c)(10) lawfully reduces the patent term for an applicant’s refusal to surrender stewardship of the specification claims to the Examiner in deference to an unauthorized claim amendment contained in a notice of allowance?