In Invention Submission V

question 287

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's campaign:

• A)did not constitute as agency action,but it did create legal consequences for Invention Submission so the district court was correct in dismissing the case
• B)constituted an agency action,but did not create legal consequences for Invention Submission so the district court was correct in dismissing the case
• C)constituted an agency action and it created legal consequences for Invention Submission so the district court was incorrect in dismissing the case
• D)constituted an agency action,but did not create legal consequences for Invention Submission so the district court was incorrect in dismissing the case
• E)none of the other choices are correct