Sunday Morning - Flagstaff, Arizona
The scream cut through Alexander's exhausted sleep like a knife.
His eyes snapped open. Disoriented. Still half in dreams of binary code and barrier crossings and her dying in his arms. His neck ached from the awkward angle. His back protested the hours spent in an uncomfortable chair. The bond hummed steady in his chest—alive, safe, here.
But someone was screaming.
"ATHELIA! ATHELIA WAKE UP! THERE'S A—OH MY GOD—"
Alexander jerked upright. A young woman stood in the doorway—early twenties, blonde, wearing pajamas and holding a coffee mug like a weapon. Her eyes were wide with terror, fixed on him.
"Who the FUCK are you?!" she shrieked.
Alexander's mind scrambled. Client. Sleeping. Brought her home. Sat down to watch her breathe. Must have fallen asleep. Roommate. This is her roommate.
"I can explain—"
"GET AWAY FROM HER!" The blonde—Casey, his exhausted brain supplied from bond-memory—took a step forward, mug raised. "I'm calling 911! Don't you DARE move!"
Alexander stood slowly, hands raised. "Please. I'm not—I didn't—she was at Walnut Canyon. She filed her application. I'm her attorney. I brought her home after—"
"ATTORNEY?!" Casey's voice went shrill. "What kind of attorney breaks into someone's apartment and—and—OH MY GOD ARE THOSE EARS?!"
Alexander froze. "What?"
"ON YOUR HEAD! YOU HAVE—" Casey's mug trembled in her hand. "YOU HAVE WOLF EARS!"
"I have what?"
Alexander's hand shot to his head. His fingers brushed something soft. Furry. Something that absolutely should not be there.
No.
He traced higher. Felt the shape. Tall. Pointed. Covered in fur. Growing from his very human skull.
Ears.
Wolf ears.
Alexander's breath stopped. Both hands flew to his head, frantically exploring. The ears were real. Physical. Visible. Moving slightly with his panic.
"What—how—" His voice cracked. "When did—I don't—"
The bond. It had to be the bond. The download. The examination. Something in the process had changed him. Given him permanent wolf traits even in human form.
Casey backed toward the door. "ATHELIA! WAKE UP! THERE'S A THING IN YOUR ROOM WITH WOLF EARS!"
Alexander's wolf surged in panic. Ears? Why do I have ears? The bond—the download—what did it DO to me?
On the bed, Athelia stirred. Mumbled something incoherent. Her hair was a disaster—tangled with pine needles and small twigs. Her clothes were torn in places, streaked with dirt. She looked like she'd been dragged through the forest. Which, technically, she had been. By him. While dying. From magic consumption.
This looks very bad, Alexander's brain supplied helpfully.
"She's fine," he said quickly, desperately. "I brought her home. She was at Walnut Canyon. She—she filed. The application. I'm her attorney. This is—this is professional—"
"ATTORNEY?!" Casey's voice went shrill. "Attorneys don't have WOLF EARS! And they don't break into apartments and—and—" She looked at Athelia's torn clothes, the dirt, the sticks. "Oh my god. Oh my GOD. I'm calling the police."
She fumbled for her phone.
"Wait!" Alexander took a step forward. His new ears flattened against his skull instinctively. "Please. I know how this looks. But I swear I didn't hurt her. I saved her. She was dying. The examination—the magic—it was consuming her. I had to cross over. Had to bring her back. Had to—"
He was babbling. Making it worse. His hand kept reaching up to touch the ears. How? Why? When did this happen?
"Magic," Casey repeated flatly. Phone in hand now, finger hovering over 911. "You're telling me magic made you break into my apartment with WOLF EARS and put my roommate in bed looking like she got attacked in the woods?"
"I didn't break in! I used her keys! They were in her pocket!" Alexander's desperation was climbing. "She drove to Walnut Canyon Thursday morning. Filed her continuation-in-part. The barrier accepted her application. But she didn't know—she has amnesia—the filing wipes human memory as protection. And the examination magic started consuming her because I hadn't completed my review in time. So I—"
"You are INSANE," Casey said. "And you're going to jail."
"Attorney-client privilege!" Alexander blurted.
Casey's finger pressed dial.
The phone rang once. Twice.
Then a voice—deep, resonant, utterly calm—came through the speaker.
"I am sorry. Your call cannot be completed at this time. The parties involved are currently engaged in patent prosecution under Old Law jurisdiction. External interference would constitute improper ex parte communication and is therefore prohibited. Please consult 37 CFR Section 1.2 regarding proper channels for USPTO business. Thank you."
Click.
Silence.
Casey stared at her phone. "Did... did 911 just reject my call?"
"That was Malacar," Alexander said quietly. His wolf ears had flattened completely against his skull.
"The BARRIER GUARDIAN is blocking 911?!"
"Patent prosecution is privileged," Alexander said, though his voice shook slightly. "Once an application is filed and attorney is assigned, external parties can't interfere. It would be... improper communication with the Patent Office."
"So I can't call the police because you're her LAWYER?!"
"Because we're engaged in active patent examination," Alexander corrected weakly. "Under Old Law, that creates a jurisdictional bubble. No external interference permitted until prosecution concludes."
Casey tried dialing again.
Same voice. Same message. Same polite, terrifying finality.
"I am sorry. Your call cannot be completed at this time."
"We're trapped," Casey whispered.
"Not trapped," Alexander said, though he didn't sound convinced. "Just... jurisdictionally isolated. Until the examination process completes."
Casey stared at him. "You're using lawyer talk to justify A MAGIC DATABASE BLOCKING MY 911 CALL!"
"I don't think justify is the right word—"
"WHAT IS THE RIGHT WORD?!"
"...explain?" Alexander offered weakly. His ears twitched. "Maybe clarify?"
Casey stared at her phone. Then at Alexander. Then at her phone again. "Did 911 just cite the CFR at me?"
"Technically Malacar cited the CFR," Alexander said. "911 never connected."
"For the record," he added quietly, ears flattening in misery, "my ears are not consenting to this conversation either."
Casey opened her mouth. Closed it. Looked at her phone one more time like it had betrayed her. "Athelia doesn't have a lawyer. She's a grad student researching mythology. She doesn't have any legal cases."
"Not legal cases. Patent application." Alexander's ears twitched. He tried to still them. Failed. "She filed Thursday morning at Walnut Canyon. Continuation-in-part claiming priority to a parent application that's been pending for millennia. Guardian Queen examination protocols. I'm the attorney assigned to her case. Royal Wolf bloodline. I've been—"
On the bed, Athelia groaned.
Both of them froze.
She shifted. Frowned. Her hand moved to her head, fingers tangling in pine-needle-crusted hair.
"Mmph. Casey? Why're you yelling..." Her eyes fluttered open. Unfocused. Confused.
Then her gaze found Alexander.
Standing in her bedroom. Rumpled. Exhausted. With visible wolf ears growing from his very human head.
Her eyes widened.
"You're real," she whispered.
Alexander's heart stuttered. "You remember?"
"I—" Athelia sat up slowly. Winced. Looked down at her torn clothes, her dirty hands. "I remember... the chamber. You were there. You said you were my attorney. You said the examination was complete. You touched my hand and—" She pressed fingers to her chest. "I felt something. Like a thread. Connecting us."
The bond. She could feel the bond.
"The application is allowable," Alexander said softly. "You survived all challenges. But you were dying. The magic was consuming you. I had to cross over. Had to bring you home."
Athelia's gaze moved to his ears. Lingered there. "You have..."
"Ears. Yes. Apparently." Alexander reached up self-consciously. "I didn't—I don't know when—the bond must have—"
"OKAY," Casey interrupted loudly. "I need someone to explain what the HELL is happening. In normal words. Without legal jargon or magic or—" she gestured wildly at Alexander, "—WOLF ANATOMY."
Athelia looked at her roommate. Then at Alexander. Then down at her torn clothes and dirt-streaked skin.
"I think," she said slowly, "I need to call my thesis advisor. And possibly a doctor. And..." Her eyes found Alexander's again. "My attorney?"
Alexander's wolf ears perked forward at "my attorney."
He really needed to figure out how to control these things.
"Okay," Casey said, voice tight. "Nobody moves. Athelia, are you saying you KNOW this—this—"
"Person," Alexander supplied helpfully.
"—CREATURE," Casey continued, "with WOLF EARS who apparently—"
She glanced at her phone.
Her face went white.
"FUCK! IT'S 8:47! I HAVE CONLAW IN THIRTEEN MINUTES!"
Athelia blinked at her groggily. "But... it's Sunday..."
"It's SATURDAY!" Casey shrieked. "Didn't you read your email? Mendez had to cancel Thursday's class for that faculty conference! Rescheduled it to Saturday morning at 9 AM!"
"I was unconscious for 48 hours," Athelia said weakly.
"WELL YOU'RE CONSCIOUS NOW! GET UP!"
Alexander blinked. "Patent Law?"
"YES! Professor Mendez! Nine AM! I CANNOT MISS THIS CLASS!" Casey was already moving, grabbing her backpack. "Athelia, you're coming too, right? You said you'd—"
"I—yes, but—" Athelia gestured vaguely at herself. Torn clothes. Dirt. Pine needles still in her hair.
"NO TIME! Grab a hoodie! Cover the dirt! LET'S GO!"
Alexander stood uncertainly in the middle of the chaos. "Should I—"
"YOU'RE COMING TOO!" Casey grabbed his arm. "If 911 won't work and magic databases are blocking my phone and you're her ATTORNEY, then you're staying where I can SEE you until I understand what the hell is happening!"
Three minutes later, they burst out of the apartment.
Athelia had thrown on an oversized hoodie over her torn shirt. Still had dirt on her jeans. Her hair was a disaster but at least the pine needles were gone.
Casey had her backpack, her coffee mug (now empty), and a look of grim determination.
Alexander had wolf ears.
Visible. Furry. Completely impossible to hide.
The moment they stepped outside, wind hit Alexander's ears.
He froze.
The sensation was—he didn't have words. Wind moving through fur. Air currents he could feel in ways his human ears never registered. Temperature differentials. Pressure changes. Every tiny shift in the breeze translated into information his brain didn't know how to process.
It was disorienting. Overwhelming. Completely weird.
"Move!" Casey grabbed his other arm and hauled him forward.
They ran.
Across the parking lot. Through the gap in the fence that was technically not allowed but everyone used anyway. Onto campus.
Alexander's ears swiveled with every sound. Car door slamming to the left—ears tracked it. Birds overhead—ears tilted up. Someone shouting in the distance—ears perked forward.
He couldn't control them. Couldn't stop them from moving. Every noise, every shift in air pressure, his ears responded like they had a mind of their own.
"People are staring," Athelia gasped as they sprinted past the library.
"LET THEM STARE!" Casey's voice was pure determination. "WE'RE NOT MISSING CONLAW!"
They were absolutely staring. Students stopped mid-conversation to watch three people sprint across campus—one with visible animal ears growing from his head.
Phones came out. Photos were taken.
Alexander's ears flattened against his skull in mortification.
"Almost there!" Casey panted.
The law building loomed ahead. Old brick. Ivy crawling up the walls. Carved words over the entrance: FIAT JUSTITIA.
Let justice be done.
They burst through the doors at 8:59.
Sprinted down the hallway.
Skidded to a stop outside Room 204.
Through the small window in the door, Alexander could see the classroom was already full. Thirty students. Laptops open. Professor at the front writing something on the board.
Casey grabbed the door handle.
"Wait," Alexander said. "My ears—"
"Are FINE," Casey said firmly. "You're her attorney. Attorneys go to class. This is happening."
She opened the door.
All thirty heads turned.
Professor Mendez—mid-forties, sharp suit, reputation for being brilliant and terrifying—stopped mid-sentence.
Silence crashed through the room.
Alexander's ears perked forward under the attention. Then flattened. Then perked again.
Stop it, he thought desperately at his ears. Please stop moving.
They twitched.
"Ms. Morgan," Professor Mendez said slowly. "You're late."
"Sorry, Professor. Emergency." Casey slid into her usual seat. Athelia followed, pulling her hoodie tighter.
Alexander stood in the doorway.
Every eye in the room was on him. On his ears specifically.
"And you are?" Professor Mendez asked.
Alexander's brain scrambled. He was a prince. A wolf king. An attorney who'd spent forty-eight hours completing an examination that saved his client's life. He had downloaded knowledge of patent law spanning millennia. He had faced down barrier guardians and crossed jurisdictional boundaries and carried a dying woman home.
But right now, standing in a human law school classroom with thirty students staring at his wolf ears, he felt like an idiot.
"I'm—" His voice cracked. "I'm Ms. Winters' attorney."
Silence.
Then someone in the back row laughed.
"Your attorney?" Another student. "Dude, what are you wearing on your head?"
"They're ears," Alexander said weakly. "Wolf ears. It's... complicated."
"Are those prosthetics?"
"Is this a prank?"
"Casey, is this for your Halloween thing?"
Alexander's ears swiveled toward each voice. Betraying exactly how sensitive they were. How real they were.
Athelia stood. "He's my patent attorney. I filed an application Thursday. He's assigned to my case. The ears are... a side effect of the examination process."
More laughter. Whispers. Someone took a photo.
Professor Mendez raised one hand. The room fell silent immediately.
"Ms. Winters," he said carefully. "Are you telling me you brought your patent attorney to my Patent Law class? With... ears?"
"Yes, Professor."
"And the ears are real?"
Alexander's ears flattened in embarrassment, answering the question more effectively than words ever could.
Mendez stared. Then he did something unexpected.
He smiled.
"Well. This is certainly the most interesting attendance I've taken in twenty years of teaching." He gestured to an empty seat. "Mr...?"
"Alexander." He didn't give his title. Didn't mention prince or bloodline or kingdom. Just. "Alexander."
"Mr. Alexander. Please sit. We're discussing federalism and the Commerce Clause. I'm sure as a patent attorney you have opinions on federal jurisdiction."
Alexander moved to the empty seat next to Athelia. The bond hummed between them—closer now, stronger, impossible to ignore.
As he sat, his gaze swept across the classroom.
And froze.
Third row. Window seat.
A student with dark hair. Sharp features. And eyes the color of sapphires.
The student was staring at Alexander with an expression of barely controlled amusement.
Then he raised one hand in a small, mocking salute.
Alexander's ears perked forward in confusion.
Who is that?
The student smiled. Like he knew exactly what Alexander was thinking. Like this entire situation was hilarious.
Like he'd been waiting for this moment.
Professor Mendez cleared his throat and turned to face the class.
"Welcome to our..." He paused. His gaze landed on Alexander's ears. Lingered there for a long, uncomfortable moment. "...makeup class session."
Another pause. The ears twitched.
Mendez blinked, visibly resetting. "Right. Let's begin. The Commerce Clause. Can anyone explain why this is relevant to patent law?"
The sapphire-eyed student raised his hand.
"Mr. Cael'Sereith?" Mendez called.
"Article I, Section 8, Clause 8 gives Congress power to grant patents," Severen said smoothly. "But the Commerce Clause—Clause 3—gives federal courts exclusive jurisdiction over patent cases because intellectual property inherently affects interstate commerce. State courts can't hear patent infringement claims. It's exclusively federal."
His gaze slid to Alexander. To the wolf ears. To Athelia beside him.
"Unless," he added, voice carrying a hint of something dangerous, "you're operating under a completely different jurisdictional system. In which case, federal exclusivity becomes... complicated."
Alexander's blood went cold.
He knows.
Professor Mendez nodded. "Excellent analysis, Severen. Though I'm not sure what 'different jurisdictional system' you're referring to."
"Just a hypothetical, Professor," Severen said lightly. "For discussion purposes."
His sapphire eyes never left Alexander's face.
Athelia's hand found Alexander's under the desk. Squeezed once.
That's him, she breathed through the bond. That's Severen. The one who told me about the barrier.
Alexander's ears flattened.
Severen's smile widened.
And in the back of Alexander's mind, the downloaded knowledge suddenly clicked.
Sapphire eyes. Pre-filing counselor. Examiners who left the Office to teach balance. To help inventors understand the system before they file.
This was the person who'd told Athelia to go to Walnut Canyon.
Who'd explained about the barrier. About Guardian Queens. About filing.
Who'd set this entire thing in motion.
And now he was sitting in a Patent Law class, watching Alexander with wolf ears try to explain federal jurisdiction, looking like Christmas had come early.
Professor Mendez continued lecturing about the Commerce Clause.
Alexander's ears twitched with every word.
Athelia's hand stayed in his.
And Severen sat three rows away, sapphire eyes gleaming with knowledge and secrets and the satisfaction of a plan unfolding exactly as designed.
Professor Mendez cleared his throat. "Thank you, Mr. Cael'Sereith. That was... thorough. Now, can someone explain how the Commerce Clause intersects with the Necessary and Proper Clause when Congress establishes administrative agencies like the USPTO?"
A hand went up in the back row.
Different hand. Different student.
"Mr. Wavelander?" Mendez called again.
Alexander's ears pricked forward. Wavelander. That name...
The student who stood was nothing like Severen. Tall, yes. But where Severen was blonde with sapphire eyes and a pre-filing counselor's easy charm, this man had brown hair pulled back in a low ponytail, silver eyes that caught the fluorescent light like mirrors, and the kind of presence that made the room go quiet without him saying a word.
"The Necessary and Proper Clause—Article I, Section 8, Clause 18—gives Congress implied powers to execute its enumerated authorities," the silver-eyed Wavelander said. His voice was smooth, controlled, nothing like Severen's playful lilt. "When combined with the Patent Clause, it allows Congress to establish the USPTO as an administrative body. The Commerce Clause provides the jurisdictional hook—patents inherently affect interstate commerce, so federal courts have exclusive subject matter jurisdiction."
He paused. His silver eyes slid to Alexander. To the wolf ears.
"But the interesting question," he continued, "is what happens when an invention exists in multiple jurisdictions. When the patent office of record isn't the USPTO. When Old Law predates federal administrative authority by millennia."
Mendez blinked. "I'm... not sure I follow."
"Just a theoretical," the silver-eyed man said. But his gaze never left Alexander. "For academic discussion."
He sat down.
Across the room, Severen Cael'Sereith raised his hand.
Mendez sighed. "Mr. Cael'Sereith, I'm sensing a theme here. Do you and Mr. Wavelander want to elaborate on this 'multi-jurisdictional' theory?"
Severen's sapphire eyes gleamed. "Just exploring the Commerce Clause implications, Professor. For instance—Article I, Section 8, Clause 3 gives Congress power to regulate commerce 'among the several states.' But what about commerce that predates state formation? Commerce that exists in jurisdictions the federal government doesn't acknowledge?"
"You're talking about interstate commerce," Mendez said carefully. "Which falls under federal authority."
"Unless," Wavelander interjected, "the commerce isn't inter-state. It's inter-jurisdictional. Between recognized legal systems and... older ones. Systems that never ceded authority to federal administrative bodies."
Mendez blinked. "I'm not sure I follow. All commerce in the United States—"
"Assumes the United States has exclusive territorial jurisdiction," Severen finished. "But the Patent Clause—Article I, Section 8, Clause 8—predates many territorial acquisitions. What about patent systems that existed BEFORE the Constitution was ratified? Before federal patent law superseded earlier examination protocols?"
"You're describing historical patents," Mendez said. "Which would have expired centuries ago."
"Unless," silver-eyes said quietly, "the examination isn't finished. Unless the application is still pending. Under a different Office's protocols."
The classroom had gone completely silent.
Alexander's ears were flat against his skull.
Athelia's hand squeezed his tighter.
And Alexander realized with cold certainty: They're not just working together. They're building a legal argument. In front of witnesses. In a Patent Law class. They're establishing that multi-jurisdictional patent prosecution is THEORETICALLY POSSIBLE under federal law.
Mendez cleared his throat. "Gentlemen, while I appreciate the... creative constitutional theory, I think we should return to established case law. The Commerce Clause as it's actually applied—"
"Gibbons v. Ogden," Severen said immediately. "1824. Commerce Clause grants Congress broad power to regulate interstate commerce. Chief Justice Marshall's interpretation."
"Yes. Thank you. So federal authority—"
"But Marshall also noted," Wavelander continued, "that commerce regulation presumes the entities engaged in commerce fall under federal jurisdiction. What about entities that predate federal authority? That never consented to federal governance?"
"Like Native American tribes," Severen added. "Who retain quasi-sovereign status. Whose treaties predate the Constitution. Who maintain their own legal systems parallel to federal courts."
"Yes, but tribal sovereignty is a recognized exception—"
"What if there are OTHER exceptions?" Silver-eyes leaned forward. "Other sovereignties federal law doesn't acknowledge? Patent offices that operated for millennia before the USPTO was established in 1836?"
Severen's sapphire eyes caught the light. "The Constitution grants Congress power to issue patents. But it doesn't grant exclusive jurisdiction over ALL patent systems. Just the ones Congress chooses to recognize. Even modern law admits federal exclusivity has limits—Gunn v. Minton held that patent malpractice claims can be heard in state court despite their patent flavor. Jurisdiction isn't as absolute as we teach undergrads."
"This is wildly theoretical—" Mendez started.
"Is it?" Wavelander's voice was soft. Dangerous. "Or is it the logical conclusion of federalism? States retain powers not explicitly granted to federal government. What about sovereignties that predate BOTH federal and state formation?"
The classroom was riveted now. Students leaning forward. Someone had started taking notes.
Alexander wanted to disappear through the floor.
Casey leaned over and whispered, "So. Your attorney has wolf ears. Your pre-filing consultant is in this class. And some guy named Wavelander who apparently knows about magic patent systems. And they're BOTH building a constitutional argument for why ancient patent offices might still have legal authority. This is either the best coincidence ever or we're in a simulation."
"I don't think it's a coincidence," Athelia whispered back.
"Yeah. Me neither."
Alexander sat rigidly in his seat, trying to ignore the stares, the whispers, the way his ears kept swiveling toward every sound. Trying to focus on Mendez's lecture about federal exclusive jurisdiction and administrative law.
But all he could think was: Severen and Wavelander. Sapphire eyes—pre-filing counselor. Silver eyes with brown hair—what kind of examiner has silver eyes? What branch?
The downloaded knowledge stirred. Silver. Balance. Obviousness examination. Section 103. Weighing prior art against innovation. Finding the line between obvious combinations and inventive step.
This was planned, he realized. All of it. Severen guided her to file. Silver-eyes knows about multi-jurisdictional prosecution. They're both here. Both watching. Both waiting to see what happens next.
But why?
The bond pulsed. Athelia was thinking the same thing. He could feel her uncertainty, her suspicion, her growing realization that they'd both been maneuvered into this situation.
Across the room, Wavelander pulled out a tablet. Started typing.
Three rows forward, Severen smiled.
Not a friendly smile.
A satisfied one.
And Alexander's wolf ears caught the faint sound of a message being sent.
Mendez was still lecturing. Something about federal preemption and the Supremacy Clause. But Wavelander raised his hand again.
"Professor, one more question about jurisdictional boundaries."
Mendez sighed. "Yes, Mr. Wavelander?"
"In Old Law prosecution—" He paused. "I mean, in patent systems that predate modern administrative procedure, examination was conducted through direct interface. Examiner and applicant met at the barrier. No written Office Actions. No response periods. Just immediate evaluation."
Alexander's ears swiveled toward him involuntarily.
That's exactly how it works, he thought. Athelia filed. I examined at the barrier. Immediate download. Immediate response.
Someone in the third row giggled. "Dude, his ears just moved."
More laughter.
Alexander's ears flattened in embarrassment, which only made it worse.
"They're like a DOG," someone whispered loudly.
Severen continued as if nothing had happened. "The question becomes—if examination occurred through direct neural interface, through what the old texts call 'downloaded specifications'—does written claim interpretation even apply? Or is the invention defined by what the examiner RECEIVED during prosecution?"
Alexander froze.
Downloaded specifications. Neural interface. That's EXACTLY what Malacar did. Downloaded the claims directly into my consciousness. I didn't READ Claim 2 and Claim 3. I EXPERIENCED them. Felt them coding into my body.
His ears swiveled toward Severen.
The classroom erupted in laughter.
"OH MY GOD THEY MOVE WHEN HE THINKS!"
"Someone make a loud noise, I wanna see them twitch!"
Alexander scooted closer to Athelia. Instinctive. Protective. The bond humming safe, mine, protect through his chest.
Athelia's hand found his under the desk again. Squeezed.
"Class," Mendez said sharply. "Please settle down."
But someone in the back row pulled out their phone. Started filming.
"Dude, TikTok is gonna lose its MIND over wolf ear guy—"
Alexander's ears pinned back. He pressed closer to Athelia, angling his body between her and the rest of the class.
The laughter got louder.
Mendez set down his marker. "Alright. That's enough. Mr.—" He paused. "I'm sorry, I don't actually know your name. The gentleman with the... ears. I'm going to have to ask you to leave. You're becoming a distraction."
Alexander's ears snapped forward. "No."
Silence.
"Excuse me?" Mendez said.
"I'm staying." Alexander stood, still positioned protectively in front of Athelia. "This lecture is discussing jurisdictional issues that bear directly on Ms. Winters' pending patent prosecution. Under 28 U.S.C. Section 1338(a), federal courts have exclusive jurisdiction over patent cases—meaning the legal theories being discussed here could establish framework for her case. Excluding me would constitute an ex parte proceeding—a one-sided examination of legal issues affecting my client without her attorney present."
Mendez blinked. "This is a Patent Law class, not a legal proceeding—"
"You're teaching about federal exclusive jurisdiction over patents," Alexander continued. His voice was steady despite his ears betraying his nervousness with constant micro-movements. "Article I, Section 8, Clause 8. Commerce Clause implications. These are the exact legal frameworks that will determine whether Ms. Winters' patent application is examined under federal USPTO rules or under... alternative jurisdictional protocols."
"Alternative—what are you even talking about?"
"Mr. Cael'Sereith and Mr. Wavelander have been discussing multi-jurisdictional patent systems," Alexander said. "Patent offices that predate federal authority. Examination protocols that fall outside USPTO jurisdiction. My client has filed such an application. These legal theories being discussed in this classroom could establish precedent for how her prosecution proceeds."
"This is an ACADEMIC lecture—"
"Being recorded," Alexander gestured to the student with the phone. "And discussed in a public university classroom. Under the First Amendment, this constitutes public discourse on matters of legal significance. Under the Fourteenth Amendment Due Process Clause, my client has a right to attorney representation during public discussions of law that directly impacts her case."
The classroom was dead silent now.
Mendez opened his mouth. Closed it. Opened it again.
"You're citing the Fourteenth Amendment to justify staying in my Patent Law class?"
"Yes." Alexander's ears were flat against his skull but his voice never wavered. "I'm citing the Due Process Clause. And the First Amendment's protection of attorney-client privilege during public legal discourse. And Article I's grant of patent authority which establishes my standing as a patent attorney to monitor discussions of patent law. You can ask me to leave. But if you do, I'll file an immediate motion with the university administration arguing that my exclusion violates my client's due process rights during a proceeding that directly affects her ongoing patent prosecution."
Silence.
Then someone in the back row whispered, "Holy shit, wolf guy knows patent law."
Mendez rubbed his temples. "Fine. FINE. You can stay. But if anyone else films those ears, I'm confiscating phones. This is a classroom, not a circus."
Alexander sat down.
His ears perked forward in victory.
More giggles rippled through the class, but quieter now. Respectful.
Athelia looked at him with something like awe.
And across the room, both Severen and Wavelander were smiling.
Athelia pulled out her notebook. Started to write notes about the Commerce Clause lecture.
But her hand moved on its own.
She blinked. Looked down.
She'd drawn a wolf.
Not a sketch. Not a doodle.
A PERFECT anatomical rendering. Every detail precise. Ears alert. Eyes watching. Protective stance.
She'd never drawn a wolf before in her life.
Didn't remember deciding to draw this one.
Her hand kept moving. Below the wolf, she started writing notes. Mendez was still talking about McCulloch v. Maryland and implied powers. She tried to write what he was saying.
But what came out was:
Binary.
She was writing in binary.
Without thinking about it.
Without translating.
Her hand just... knew.
She stared at the numbers. Tried to read them. Couldn't.
But somehow she KNEW what they said:
Claim 2 reduction to practice complete.
Her hand kept writing. More binary. Faster now.
Bond forming. Neural pathways active. Claim 3 enablement verified.
She looked at Alexander.
His ears swiveled toward her like he'd heard her thoughts.
Which, she realized with cold certainty, he probably had.
Her hand moved again. Not binary this time. Just words appearing on the page in her own handwriting:
Athelia stared at what she'd written.
She didn't know what PHOSITA meant. Had never heard the term. Couldn't explain what "secondary consideration" referenced.
But her hand had written it anyway. Like the knowledge was downloading directly into muscle memory. Like her brain was being taught patent law by something that bypassed her conscious mind entirely.
She flipped the page. Started fresh. Tried to focus on Mendez's lecture.
But the words kept coming.
The bell rang.
Students gathered their things. Mendez looked exhausted, like he'd just taught a class that had spiraled completely out of his control. Which, Alexander reflected, he had.
"We'll continue with McCulloch v. Maryland next week," Mendez said weakly. "And please—stick to established case law. Not theoretical multi-jurisdictional patent systems that may or may not predate the Constitution."
Wavelander stood. Gathered his things. Started toward the exit.
But Severen Cael'Sereith moved faster.
He crossed the classroom in three strides and stopped directly in front of Athelia.
"Ms. Winters," he said pleasantly. "How nice to see you again. I trust your weekend trip to Walnut Canyon was... productive?"
Athelia's breath caught.
Alexander's ears snapped forward.
Casey muttered, "Oh fuck, here we go."
"You told me to file there," Athelia said. Her voice was steady despite the bond humming panic through Alexander's chest. "You said the barrier would recognize me. That I'd complete the First Woman's application."
"And did you?" Severen's sapphire eyes gleamed.
"You know I did."
"Good." He glanced at Alexander. At the wolf ears. "And I see your assigned attorney completed his examination. Timely response. Well done, Your Highness."
The classroom went dead silent.
Everyone still packing up froze.
Alexander's ears flattened. "Don't call me that."
"Why not?" Severen's smile was sharp. "It's what you are. Prince of the Wolf Kingdom. Guardian of the barrier. Assigned to examine continuation-in-part applications from Guardian Queen bloodlines. You completed your forty-eight-hour examination. Submitted your response. The bond formed. Claim 2 is reducing to practice." He gestured at Alexander's ears. "Quite visibly."
Someone in the back row whispered, "What the fuck is happening?"
"Pre-filing consultation," Severen said, not taking his eyes off Alexander. "I help inventors understand the system before they file. Make sure they know what they're claiming. What bonds will form. What examination protocols apply."
"You didn't tell me my claims would be altered," Athelia said. Her voice was ice. "You didn't tell me Malacar would add Claim 2 and Claim 3 without my consent."
"No," Severen agreed. "I didn't. Because you needed to FILE. And if you'd known your application would be modified to include a Royal Wolf Attorney as part of your claimed invention, you would have hesitated. Questioned. Maybe not filed at all. And then you'd be dead."
"So you lied by omission," Alexander growled.
"I provided pre-filing counseling," Severen corrected. "Which doesn't include disclosing what the examination office will do AFTER filing. That's Malacar's domain, not mine."
Wavelander appeared at Severen's shoulder. "You've made your point, Severen. They know we're watching."
"Have I?" Severen's gaze slid to Athelia. "Because I'm not sure she understands what's at stake. The First Woman's application has been pending for millennia. Twenty-three women died trying to file continuation applications. Athelia is the FIRST to survive. The first to complete prosecution. The first to form the bond."
He leaned closer.
"And now the real examination begins."
"Excuse me."
All three of them turned.
Professor Mendez stood in the doorway, briefcase in hand, looking profoundly uncomfortable.
"Ms. Winters," he said carefully. "Mr. Cael'Sereith. Mr. Wavelander." He paused, looking at Alexander. "And... whoever you actually are. I need to speak with Ms. Winters. Privately."
Severen gave Athelia one last meaningful look, then walked out. Wavelander followed silently.
Alexander didn't move.
"That includes you," Mendez said.
"I'm her attorney." Alexander's ears were flat but his voice was firm. "Anything you need to discuss with her regarding today's class falls under matters affecting her legal interests. Attorney-client privilege means I stay."
Mendez stared at him for a long moment. Then sighed. "Fine. But if those ears move one more time, I'm calling campus security. I don't care how good your constitutional arguments are."
He walked to the front of the classroom. Set down his briefcase. Turned to face them both.
"Ms. Winters, I need to know what exactly is going on in my classroom."
"I don't know what you—"
"Don't." His voice was sharp. "Two students just spent forty-five minutes building a constitutional argument for multi-jurisdictional legal systems that predate federal authority. Your... attorney... cited the Sixth, First, and Fourteenth Amendments to justify staying in an academic lecture. You've been writing in binary code." He gestured to her notebook, still open on the desk. "And I've been teaching constitutional law for fifteen years. I know when something is very, very wrong."
Athelia's mouth went dry.
Mendez continued, "I don't know if this is some kind of elaborate academic project, or if you're involved in something genuinely dangerous. But what I DO know is that the arguments raised in my class today weren't theoretical. They were targeted. Specific. Like you're building a legal framework to support something that's about to happen."
He looked at Alexander. At the wolf ears that Alexander couldn't hide even if he wanted to.
"And I know those aren't a costume."
Silence.
"Professor—" Athelia started.
"I'm not asking you to explain," Mendez interrupted. "I'm giving you an assignment. Both of you." He pulled out a notepad. Started writing. "You're going to research and write a twenty-page paper on jurisdictional conflicts between federal authority and pre-constitutional sovereignties. You'll examine tribal sovereignty as established in Cherokee Nation v. Georgia, territorial disputes under the Treaty of Guadalupe Hidalgo, and Louisiana Purchase integration challenges. You'll analyze how federal courts have handled claims from legal systems that predate U.S. governance."
He tore off the page. Handed it to Athelia.
"And you'll include," he said quietly, "a section on what happens when a legal system everyone THOUGHT was extinct suddenly reasserts authority. How federal law handles that. What constitutional frameworks apply. Whether there's ANY legal precedent for acknowledging jurisdiction over U.S. territory by an entity the government doesn't recognize exists."
Athelia stared at the assignment paper.
"Due date?" she whispered.
"Next Monday." Mendez picked up his briefcase. "Which gives you one week to figure out how to articulate whatever this is in legal terms that won't get you arrested, committed, or disappeared by whichever government agency handles... wolf people with patent law arguments."
He walked to the door. Stopped.
"Ms. Winters, whatever you're involved in—it's bigger than a Patent Law grade. I know that. But if you're going to survive it, you're going to need to understand how federal patent law actually works. Not theoretical multi-jurisdictional systems. Real, current, enforceable law."
His gaze shifted to Alexander.
"And you—whoever you are, whatever you are—you called yourself her attorney. That means you have a duty to keep her alive. Not just protect her from external threats. But protect her from making legal arguments that will get her labeled a domestic terrorist or a national security threat. The theories discussed in class today? If presented to the wrong people, in the wrong way, they could be interpreted as challenging federal sovereignty. That's sedition territory."
Alexander's ears flattened. "I understand."
"Good." Mendez opened the door. "Because Mr. Cael'Sereith and the other Mr. Wavelander just built you a beautiful legal trap. If you're not careful, that constitutional framework they established will be used against you in federal court. They gave you the rope. Don't hang yourselves with it."
He left.
The door closed.
Athelia and Alexander sat in the empty classroom. Her notebook full of binary. His ears betraying every emotion he couldn't hide. The bond humming between them.
"He's right," Alexander said quietly. "Severen and Issac weren't helping us. They were documenting. Building a record. Making sure there are witnesses who can testify that you're claiming jurisdiction outside federal authority."
"Why?"
"Because when this goes to trial—and it WILL go to trial—they want to make sure the federal courts can't pretend we don't exist. They're forcing recognition. Even if that recognition comes in the form of prosecution."
Athelia looked at the homework assignment. At the list of cases and legal frameworks.
"Then we'd better start researching," she said.
Casey's phone buzzed. She glanced at it. Her eyes went wide.
"Uh. Guys?"
She turned the screen toward them.
A Twitter notification. Trending in United States:
#WolfCounselor
"Someone posted video from class," Casey said weakly. "It's already at 2 million views."
Alexander's ears flattened completely.
***
They walked back to the apartment in silence.
Well. Not complete silence. Alexander's ears tracked every sound. Car engines. Birds. Wind through trees. Someone's phone ringing half a block away. His ears swiveled, twitched, perked, flattened—all completely beyond his control.
Athelia walked beside him, hood pulled up, hands shoved in pockets. Still covered in dirt. Still exhausted. The bond hummed between them with every step.
Casey trailed behind, phone out, doom-scrolling through #WolfCounselor videos. "Three million now," she muttered. "Someone made a TikTok. You're a meme."
Alexander's ears drooped.
They climbed the stairs to the apartment. Casey unlocked the door. They filed inside.
The door closed.
Silence.
"Okay," Casey said, dropping her backpack. "I'm ordering pizza. Does the wolf attorney eat normal food or do I need to google 'what do lawyers eat'?"
"Pizza is fine," Alexander said quietly. His ears were still tracking sounds through the walls. Neighbors arguing two doors down. Someone vacuuming upstairs. Water running in pipes.
"Great. Cool. Normal pizza for the abnormal attorney." Casey pulled out her phone. "Athelia, you want your usual?"
"Yeah." Athelia sank onto the couch. Closed her eyes. "And coffee. Lots of coffee."
"It's 2 PM."
"I was unconscious for 48 hours and just watched two patent examiners build a patent law trap using my life as the test case. I need coffee."
Casey ordered. Alexander stood uncertainly in the middle of the living room, ears swiveling, clearly not knowing what to do with himself.
"So," Casey said, setting her phone down. "What happens now?"
Alexander's gaze moved to Athelia. "I... need to stay."
"Stay?" Athelia opened one eye.
"The examination isn't complete. The bond—" His hand moved to his chest. "The attorney-client relationship requires proximity during active prosecution. I can't leave until—"
"Until what?" Casey demanded. "Until the magic says you can? Until 911 starts working again? Until your EARS fall off?"
"Until the application issues," Alexander said. "Or is abandoned. Or prosecution concludes." His ears flattened. "I don't make the rules. I'm just—they're Old Law. They're absolute."
Athelia sat up slowly. "You're saying you can't leave. Like. At all."
"Not until prosecution concludes."
"How long does that take?"
Alexander's ears twitched. "Depends on the complexity of the application. Your case involves Guardian Queen protocols, jurisdictional conflicts, constitutional challenges, potential fraud allegations..." He hesitated. "Could be weeks. Could be months."
"MONTHS?!" Casey's voice went shrill.
"You are NOT staying here for MONTHS!" Athelia stood. "This is a two-bedroom apartment! We barely have space for—"
"I don't need much space." Alexander's desperation was showing. His ears flat against his skull. "A corner. A blanket. I'll stay out of the way. I just—I can't leave. The bond won't let me leave."
He looked miserable. Exhausted. His wolf ears betraying every emotion he couldn't hide.
Athelia stared at him. "Fine. FINE. You can stay. But you're sleeping on the floor."
"Agreed."
"In my room. Because apparently the bond requires 'proximity' and I'm not dealing with you passing out in the hallway if you get too far away."
"Understood."
"You are NOT sharing my bed."
Alexander's ears perked up slightly—hope—then flattened completely when her expression didn't change. "Of course not. Floor. I'll take the floor."
His wolf was probably screaming. Alexander looked like he was dying inside.
"I'll get blankets," Casey said flatly. She disappeared into the hallway closet.
Athelia pointed at her bedroom. "Come on. Let's figure out where you're sleeping that won't result in me tripping over you at 3 AM."
Alexander followed her into the small bedroom. Single bed. Desk covered in books and papers. Posters on the walls—mythology, ancient civilizations, patent law diagrams she'd printed and pinned up during research.
Athelia pointed to the corner by the window. "There. You get approximately four square feet of floor space. Don't touch my stuff. Don't snore. Don't—" She noticed his ears tracking her every word. "—don't make this weird."
"I'll do my best," Alexander said quietly.
Casey appeared with an armful of blankets and two pillows. Dumped them in the corner. "Here. Try not to die of floor-sleeping. I need at least one of you functional for when the federal government shows up to arrest us all."
"That's not—" Alexander started.
"Don't. I've seen the Twitter videos. Someone tagged the FBI. Multiple someones. #WolfCounselor is trending next to #NationalSecurity." Casey's expression was dead serious. "So yeah. Federal government. Probably Monday."
Alexander's ears flattened.
Pizza arrived. They ate in uncomfortable silence. Alexander sat on the floor of Athelia's room, pizza slice in hand, ears swiveling to track sounds from three apartments away. Athelia sat at her desk, trying to focus on Mendez's homework assignment.
She opened her laptop. Pulled up the assignment: 20-page analysis of jurisdictional conflicts between federal and pre-constitutional authority. Due Wednesday.
She started typing.
Patent law. Article I, Section 8, Clause 8. Federal patent jurisdiction. Tribal sovereignty analogies. Federal exclusivity under 28 U.S.C. § 1338(a) for patent cases.
Her hands moved across the keyboard.
Words appeared on screen.
And then—between one sentence and the next—binary code.
Athelia stared at the screen. She didn't remember typing that. Didn't know what it said. But her fingers had moved. The code was there.
She kept typing.
More constitutional analysis. Then more binary. Then her hand grabbed a pen and started writing in the margins of her notes:
Athelia stared at what she'd written. She didn't know what "Graham factors" meant. Had never heard of "§102(b)(1) grace period." Couldn't explain "objective indicia."
But her hand had written it anyway.
In the corner, Alexander's ears perked forward. He was watching her. Could feel it through the bond—the download was accelerating. Guardian Queen examination protocols integrating with her consciousness.
"Are you okay?" he asked quietly.
"I'm writing things I don't understand," Athelia said. Her voice shook slightly. "Patent law terms. Binary code. Like someone else is using my hands."
"It's the download," Alexander said. "The examination protocols. They're teaching you. Preparing you."
"For what?"
"For when you remember."
Athelia looked at her notes. At the binary code on her screen. At the patent law analysis mixing with Old Law concepts she'd never studied.
"I don't want to remember," she whispered.
Alexander's ears drooped. "I know."
The bond hummed between them. Four feet of space. An entire world of complications.
By midnight, Athelia had written twelve pages. Half federal patent jurisdiction. Half patent examination analysis. All of it somehow coherent despite being two completely different frameworks woven together.
She saved the file. Closed her laptop. Looked at Alexander in the corner, wrapped in blankets, sitting upright against the wall.
"You should sleep," she said.
"I will."
"You're not going to, are you."
His ears twitched. "Probably not."
"The bond?"
"The bond. And the fact that my wolf is extremely aware that you're four feet away and I'm on the floor like a guilty puppy." His smile was strained. "It's fine. I've had worse sleeping arrangements."
Athelia turned off the light. Climbed into bed. Pulled the covers up.
Darkness.
The bond hummed.
Alexander's breathing was too controlled. Too careful. Like he was hyper-aware of every sound he made.
"Thank you," Athelia said quietly into the dark. "For saving my life. At Walnut Canyon."
Silence. Then:
"You're welcome." His voice was soft. Tired. "It's my job. Attorney-client relationship. Professional responsibility."
His ears, invisible in the darkness, probably just flattened in misery at the lie.
Because they both knew it wasn't professional responsibility.
It was the bond.
***
Forty miles away, in a palace hidden behind its own jurisdictional barrier, the council convened in emergency session.
A projection shimmered in the center of the chamber. Twitter feed. TikTok videos. News articles forming in real-time: Viral Video: Law Student Brings "Wolf Attorney" to Class.
#WolfCounselor. 5 million views. Rising.
The council watched in silence.
Then Elder Karenth spoke. "The prince has made his choice. He crossed into the human world. He revealed himself publicly. He bonded with an untrained Guardian Queen who cannot control her downloads."
"He's protecting her," Marcus said from his position against the wall. "As her attorney. As the bond requires."
"He's endangering the entire realm," another council member said. "If humans discover the barrier. If they investigate the wolf king attorney. If they trace him back here—"
"They'll find us," Karenth finished. "And three hundred years of careful isolation ends."
Silence.
"All in favor of recall," Karenth said. "Ordering the prince to return immediately and sever the bond."
Three hands raised.
The motion carried.
Marcus's jaw tightened. But he said nothing.
Because they both knew Alexander wouldn't obey.
The bond wouldn't let him.
— END CHAPTER SIX —
Key Federal Statutes:
- 28 U.S.C. § 1338(a) - Federal courts have EXCLUSIVE jurisdiction over patent cases (THE key statute for patent jurisdiction)
- 37 CFR § 1.2 - Conduct of USPTO business (Malacar blocks 911 citing proper channels)
- 37 CFR § 11.106 - Attorney-client privilege and confidentiality
- 18 U.S.C. § 2384 - Seditious conspiracy (Mendez's warning about challenging federal authority)
Constitutional Provisions:
- Article I, § 8, Clause 8 - Patent & Copyright Clause (Congressional power to grant patents)
- Article I, § 8, Clause 3 - Commerce Clause (regulates interstate commerce, affects patent jurisdiction)
- Article I, § 8, Clause 18 - Necessary and Proper Clause (allows USPTO creation)
- Tenth Amendment - Powers not delegated to federal govt reserved to states (but what about pre-constitutional powers?)
- Fourteenth Amendment Due Process - Property rights require process (are pending patents "property"?)
Key Cases:
- Gunn v. Minton (2013) - Patent malpractice claims can be in STATE court (limits on federal exclusivity)
- Oil States v. Greene's Energy (2018) - Patents are public-rights franchise but still "property" for many purposes
- Board of Regents v. Roth - Property interests require legitimate expectancy
- Cherokee Nation v. Georgia (1831) - Tribes as "domestic dependent nations" with pre-constitutional sovereignty
- Gibbons v. Ogden (1824) - Commerce Clause grants Congress broad power over interstate commerce
- McCulloch v. Maryland (1819) - Necessary & Proper Clause allows implied federal powers
Key Patent Concepts:
- § 112(a) Enablement - Specification must teach PHOSITA how to make/use invention
- PHOSITA - Person Having Ordinary Skill In The Art (legal fiction for enablement analysis)
- Reduction to Practice - Alexander's body conforming to claim specifications = actual reduction
- Secondary Considerations - Unexpected results prove non-obviousness under § 103
- Ex Parte Proceeding - One party absent during proceedings affecting their interests (prohibited)
Referenced Statutes - For Patent Bar Study
(a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term "State" includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(a) Parties and their attorneys or agents are required to conduct business with the United States Patent and Trademark Office with decorum and courtesy. Papers presented in violation of this requirement will be submitted to the Director and will not be entered. A notice of the non-entry of the paper will be provided.
(b) Complaints regarding USPTO employees should be submitted to the immediate supervisor of that employee. Such complaints will be appropriately investigated and responded to promptly.
Note: In Chapter 6, Malacar cites § 1.2 when blocking Casey's 911 call, extending "proper channels" rule to prevent all external interference during prosecution.
(a) GENERAL RULE.—A practitioner shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, paragraph (b) of this section permits such disclosure, or paragraph (c) of this section requires such disclosure.
(b) PERMITTED DISCLOSURE.—A practitioner may reveal information relating to the representation of a client to the extent the practitioner reasonably believes necessary:
(1) To prevent reasonably certain death or substantial bodily harm;
(2) To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the practitioner's services;
(3) To prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the practitioner's services;
(4) To secure legal advice about the practitioner's compliance with USPTO Rules of Professional Conduct;
(5) To establish a claim or defense on behalf of the practitioner in a controversy between the practitioner and the client, to establish a defense to a criminal charge or civil claim against the practitioner based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the practitioner's representation of the client; or
(6) To comply with other law or a court order.
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Note: PHOSITA (Person Having Ordinary Skill In The Art) must be able to practice the invention from the specification without undue experimentation. The "best mode" requirement was weakened by AIA but still must be disclosed.
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Note: In Chapter 6, Professor Mendez warns that legal arguments challenging federal sovereignty could be interpreted as seditious conspiracy if presented "to the wrong people, in the wrong way."
(a) GENERAL RULE.—A practitioner shall:
(1) Promptly inform the client of any decision or circumstance with respect to which the client's informed consent is required;
(2) Reasonably consult with the client about the means by which the client's objectives are to be accomplished;
(3) Keep the client reasonably informed about the status of the matter;
(4) Promptly comply with reasonable requests for information; and
(5) Consult with the client about any relevant limitation on the practitioner's conduct when the practitioner knows that the client expects assistance not permitted by the USPTO Rules of Professional Conduct or other law.
(b) COMPETENT REPRESENTATION.—A practitioner shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. A practitioner need not disclose the Patent Office's internal examination procedures unless specifically relevant to the client's matter and material to the representation.
(b) EXCEPTIONS.—
(1) DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED INVENTION.—A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if—
(A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or
(B) the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.
Grace Period: Inventors have ONE YEAR from their own public disclosure to file. This protects inventors who publish before filing. But disclosure by third party (not from inventor) still counts as prior art.
The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Key Requirements:
• "Promote Progress" - Utilitarian purpose; patents must serve public benefit
• "Limited Times" - Patents expire (currently 20 years from filing under § 154)
• "Inventors" - Only inventors (not finders or improvers of existing knowledge) can receive patents
• "Discoveries" - Must be novel, non-obvious invention (not just discovery of natural phenomenon)
The Congress shall have Power... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
Patent Connection: Federal courts have exclusive jurisdiction over patent infringement claims because patents inherently affect interstate commerce. Products covered by patents cross state lines, making enforcement a federal matter under Commerce Clause authority.
Modern Interpretation: Gibbons v. Ogden (1824) established broad federal power to regulate commerce "among the several states." Patent litigation affects interstate commerce even when parties are in single state, because patented inventions typically enter commerce nationally.
The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Patent Application: Allows Congress to create USPTO as administrative agency to examine patents. Patent Clause grants power to issue patents; Necessary & Proper Clause allows creation of bureaucratic structure to administer that power. McCulloch v. Maryland (1819) established Congress has implied powers beyond those explicitly enumerated.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Federalism Question: If federal government wasn't explicitly granted power over something, states (or the people) retain it. But what about powers that predate BOTH federal and state formation? What about sovereignties that never ceded authority to either? Severen and Isaac's constitutional argument explores this gap.
...nor shall any State deprive any person of life, liberty, or property, without due process of law...
Patent as Property: Are pending patent applications "property" protected by Due Process Clause? Oil States v. Greene's Energy (2018) held patents are public-rights franchise, but still "property" for many purposes. Board of Regents v. Roth requires "legitimate expectancy" for property interest. Does filing create such expectancy?
Congress shall make no law... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Alexander's Argument: Uses First Amendment to justify staying in patent law class - academic discourse on matters of legal significance is protected speech. Attorney has right to monitor public discussions affecting client's interests.
ISSUE: Whether legal malpractice claim involving attorney's failure to raise experimental use exception in patent case "arises under" federal patent law, requiring federal court jurisdiction under 28 U.S.C. § 1338(a).
HOLDING: Legal malpractice claims, even when they involve patent law issues, do NOT "arise under" patent law for jurisdictional purposes. State courts CAN hear patent malpractice cases. Federal exclusivity under § 1338(a) is narrower than often assumed.
KEY PRINCIPLE: Federal exclusive jurisdiction requires claim to actually arise under patent law (infringement, validity, enforceability). Claims that merely involve patent law as underlying subject matter can be heard in state court.
Application in Chapter 6: Severen cites this case to show federal exclusivity has limits. Not ALL patent-related claims require federal court. Opens door to arguing that alternative jurisdictions might handle certain patent matters.
ISSUE: Whether inter partes review (IPR) proceedings at USPTO violate Seventh Amendment right to jury trial, since they allow administrative agency to cancel issued patents.
HOLDING: Patents are "public rights" - a franchise granted by government. Congress can delegate patent validity determinations to USPTO administrative proceedings without violating Seventh Amendment. But patents are still "property" for other constitutional purposes (takings, due process).
DUAL NATURE OF PATENTS:
• Public right: Government-created franchise, can be examined/cancelled by administrative agency
• Private property: Once granted, owner has property interest protected by Constitution
This tension creates questions about what process is "due" during examination and post-grant proceedings.
ISSUE: What constitutes "property" interest protected by Fourteenth Amendment Due Process Clause?
HOLDING: Property interests are created by "existing rules or understandings" - not the Constitution itself. To have property interest requiring due process protection, person must have more than abstract need or desire; must have legitimate claim of entitlement.
APPLICATION TO PATENTS: Does filing patent application create "legitimate expectancy" of examination? Or is examination discretionary, creating no property interest until patent actually issues?
Under Old Law, filing creates immediate bond/property interest. Under USPTO rules, applicant has right to examination but not to grant. Different systems, different property concepts.
ISSUE: Whether Cherokee Nation is "foreign state" under Article III, entitled to file suit in Supreme Court against Georgia.
HOLDING: Indian tribes are "domestic dependent nations" - not foreign states, but not fully part of United States either. They retain sovereignty that predates Constitution, but are subject to federal authority in certain respects.
QUASI-SOVEREIGN STATUS: Tribes have:
• Authority over internal matters
• Treaty relationships with federal government
• Sovereignty that existed BEFORE U.S. formation
• Limited self-governance within federal framework
Severen's Argument: If tribes can retain pre-constitutional sovereignty, what about OTHER pre-constitutional legal systems? What about patent examination protocols that predate 1836 USPTO formation?
ISSUE: Whether New York can grant exclusive steamboat navigation license on waters that cross state lines, or whether this violates federal Commerce Clause authority.
HOLDING: Commerce Clause grants Congress broad power to regulate interstate commerce. "Commerce among the states" includes navigation, transportation, and all commercial intercourse between states. Federal law preempts conflicting state regulations.
CHIEF JUSTICE MARSHALL'S REASONING: Commerce power is plenary (complete) within its sphere. But it presumes entities engaged in commerce fall under federal jurisdiction. What about commerce by entities that never consented to federal governance?
This is the gap Isaac Wavelander exploits in class discussion - Commerce Clause assumes federal authority, but what if parties exist outside that authority structure?
ISSUE: Whether Congress has constitutional authority to create national bank, and whether states can tax federal institution.
HOLDING: Necessary and Proper Clause grants Congress implied powers beyond those explicitly enumerated in Constitution. "Necessary" doesn't mean absolutely essential - means convenient, useful, appropriate for executing enumerated powers.
APPLICATION TO USPTO: Congress has explicit power to grant patents (Art. I, § 8, Cl. 8). Necessary & Proper Clause allows creation of administrative agency (USPTO) to examine applications, maintain records, enforce rules. These are implied powers necessary to execute patent authority.
"THE POWER TO TAX IS THE POWER TO DESTROY": States cannot tax federal institutions because it would allow states to interfere with federal operations. Similarly, states cannot interfere with federal patent examination.
CASE: Graham v. John Deere Co., 383 U.S. 1 (1966) - Supreme Court established framework for determining obviousness.
FOUR GRAHAM FACTORS (Factual Inquiries):
1. Scope and content of prior art - What was known before invention?
2. Differences between prior art and claims - How does invention differ from what was known?
3. Level of ordinary skill in the art - What would PHOSITA know/understand?
4. Secondary considerations (objective indicia) - Evidence of non-obviousness:
• Commercial success
• Long-felt but unsolved need
• Failure of others to solve problem
• Unexpected results
• Copying by competitors
• Industry acclaim/praise
TEACHING-SUGGESTION-MOTIVATION (TSM) TEST: To show obviousness, examiner must identify reason why PHOSITA would combine prior art references. Can't use hindsight. KSR v. Teleflex (2007) clarified that "common sense" can provide motivation, but examiner still needs articulated reasoning.
PURPOSE: Guard against hindsight bias in obviousness analysis. After invention exists, everything looks obvious. Secondary considerations provide objective evidence that invention was NOT obvious at time of filing.
KEY SECONDARY CONSIDERATIONS:
• Commercial Success: If invention sells well, suggests it meets need others couldn't satisfy. Must show nexus (connection) between patented features and commercial success.
• Long-Felt Need: If problem existed for years and no one solved it, sudden solution suggests non-obviousness.
• Failure of Others: If many skilled practitioners tried and failed to solve problem, suggests solution required inventive step.
• Unexpected Results: If invention produces result not predicted by prior art, especially if result is superior to what would be expected.
• Industry Skepticism: If experts said it couldn't be done, then someone did it, suggests non-obviousness.
NEXUS REQUIREMENT: Must show connection between secondary consideration and claimed invention. If commercial success is due to marketing rather than patented features, it doesn't prove non-obviousness.
In Chapter 6, Athelia's hand writes "Secondary considerations = objective indicia of non-obviousness" - this Graham factor analysis is being downloaded directly into her consciousness.
LEGAL FICTION: PHOSITA is hypothetical person used to evaluate patent validity. Not genius, not novice - ordinary practitioner in relevant field.
FACTORS FOR DETERMINING PHOSITA LEVEL:
• Educational level of inventor and workers in field
• Type of problems encountered in art
• Prior art solutions to those problems
• Rapidity of innovation in field
• Sophistication of technology
USE IN PATENT LAW:
• § 103 Obviousness: Would PHOSITA find invention obvious in view of prior art?
• § 112(a) Enablement: Can PHOSITA make/use invention from specification without undue experimentation?
• § 112(b) Definiteness: Would PHOSITA understand claim scope with reasonable certainty?
PHOSITA has all knowledge in relevant field, but uses only ordinary creativity. Not expected to perform research or experiments beyond routine skill level.
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