The Patent Office issued Honeywell a patent that required correction. The patent, according to Honeywell, did not include the proper claim for the benefit of priority to the filing date of an application that Honeywell had earlier filed. But before Honeywell noticed the error and tried to correct that priority claim, its competitor, Arkema, petitioned the Patent Trial and Appeal Board to institute a post grant review proceeding. Shortly after institution, Honeywell sought the Board’s authorization to file a motion for leave to obtain from the Patent Office’s Director a certificate of correction. After all, the Director often issues certificates to correct priority claims. But the Board refused authorization and ultimately canceled the patent. On appeal, the Federal Circuit vacated the Board’s decision, chastising the Board for abusing its discretion. Honeywell Int’l Inc. v. Arkema Inc., Appeals 2018-1151, ‑1153 (Fed. Cir. Oct. 1, 2019).Continue Reading The Chaos of Too Many Rules