In 1986, Deputy Commissioner Peterson stated: 'As in the case of unpublished opinions of the U.S. Court of Appeals for the Federal Circuit… unpublished opinions of the Patent and Trademark Office may not be cited as precedent, except in support of a claim of res judicata, collateral estoppel, or law of the case. This opinion will be published in order to make the Commissioner's practice known.' (emphasis added.) Nevertheless, he went on to quote an earlier unpublished decision in order to inform the public of an exception to the published rule.
Date of Authorship for this Version
Field, Thomas G. Jr, "Access to and Authority to Cite Unpublished Decisions of the PTO" (1992). Pierce Law Faculty Scholarship Series. 31.