The MSPB concluded that the USPTO retaliated against APJ Fitzpatrick for making legitimate disclosures about practices affecting inter partes review proceedings and transparency.
Fitzpatrick's allegations detail instances of panel stacking, where the USPTO expanded panels to undermined decisions made by the original three-judge panels in IPRs.
The ruling emphasizes the need for whistleblower protections within the patent system, providing crucial insights into the workings of the USPTO and its practices.
This decision by the MSPB represents a significant step in preserving integrity within the patent review process, advocating for transparency and accountability.
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