Is the PTO’s action in failing an applicant on his examination for registration to practice as a patent agent sufficiently related to patents and trademarks so as to confer jurisdiction on the CAFC?
Yes. “[J]urisdiction in the District Court is based at least in part on 28 U.S.C. §1338, and appellate review of that court’s decision is granted exclusively to the Federal Circuit by 28 U.S.C. §1295(a).”
