Congress has recognized the need to “promote the participation of women, minorities, and veterans in entrepreneurship activities and the patent system.” Like many veteran-founded companies, PMC had limited resources to devote to patent prosecution. But in this case the district court failed to account for those challenges before it deemed PMC to have deliberately delayed prosecution. That ruling risks imposing a burden on inventors to prosecute numerous applications immediately upon disclosure of a far-reaching, new innovation - one that will fall inequitably on women, minority, and veteran inventors.
PMC v Apple is about more than holding government to its promises; it is about ensuring courts do not impede the government’s efforts to fulfill its promises.