Joachim Carlo Santos Martillo, et al. v. Unknown Defendants
Does a party asserting ownership to a patent application have a right to a state (commonwealth) action like either a Massachusetts quiet action or a Massachusetts try title action in order to a resolve question of title to said patent application,
• if in a 35 U.S. Code § 145 civil action to obtain a patent, the Federal District Court denies standing to the applicant for lack of clear title,
• if the Court of Appeals for the Federal Circuit upholds the denial of standing in a Rule 36 Affirmance, and
• if there are multiple possible even perhaps contradictory reasons for the Affirmance?
According to 35 U.S. Code § 261 a patent has "the attributes of personal property. " In a state (commonwealth) court, does the doctrine of adverse possession apply to a patent application as this doctrine might apply to other private or personal property like land, a car, a painting, etc.?
In a state (commonwealth) quiet or try title action, how dispositive is a finding of fact by the USPTO with respect to ownership?
Does a party asserting ownership to a patent application have a right to a state (commonwealth) action like either a Massachusetts quiet action or a Massachusetts try title action in order to resolve question of title to said patent application?