In Invention Submission V

question 273

Multiple Choice

In Invention Submission v.Rogan,the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patent-marketing scheme.IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patent-marketing scams.The appeals court held that the PTO violated:

• A)the APA by not allowing IS to respond
• B)the APA by implying in its ads that IS violated federal regulations,which it had not,so the ads had to be stopped
• C)the APA by implying in its ads that IS violated federal regulations,which it had not,so IS could recover damages
• D)the APA by implying in its ads that IS violated federal regulations,which it had not,so IS could recover damages and have corrective statements issued by the PTO
• E)none of the other choices