While it is theoretically possible to petition the Patent Office to compel rulemaking, petitioner faces a heavy burden to succeed, as manifested by Service Women’s Action Network v. Sec’y of Veterans Affairs, __ F.3d __ (Fed. Cir. Mar. 3, 2016)(Hughes, J.).
The attached pdf version of this note includes further details and an excerpt from the majority opinion.
Regards,
Hal