Caterpillar Tractor Co. v. Commissioner of Patents and Trademarks

231 U.S.P.Q. 590 (1986)

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Caterpillar Tractor Co. v. Commissioner of Patents and Trademarks

United States District Court for the Eastern District of Virginia
231 U.S.P.Q. 590 (1986)

Facts

Caterpillar Tractor Company (Caterpillar) (plaintiff) attempted to apply for an international patent with the United States Patent and Trademark Office (PTO). Caterpillar challenged a rule of the PTO with the Eastern District of Virginia and contended that this rule contravened Rule 13 of the Patent Cooperation Treaty by forcing Caterpillar to effectively apply for two separate trademark applications for a single invention. Caterpillar moved for summary judgment on the grounds that the regulation violated the Patent Cooperation Treaty.

Rule of Law

Issue

Holding and Reasoning (Bryan, J.)

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