In Invention Submission v.Rogan,the Patent and Trademark Office (PTO) used a testimonial from a client of Invention Submission (IS) as an example of someone who felt abused by a patent-marketing scheme.IS had not been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using that example in its advertising campaign about patent-marketing scams.The appeals court held that the PTO violated:
A) the APA by not allowing IS to respond
B) the APA by implying in its ads that IS violated federal regulations,which it had not,so the ads had to be stopped
C) the APA by implying in its ads that IS violated federal regulations,which it had not,so IS could recover damages
D) was not reviewable by the courts as it was not a final administrative action
E) none of the other choices
Correct Answer:
Verified
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