Judge P. Kevin Castel
Svatovic's pro se April 2006 application to the U.S. Patent and Trademark Office (PTO) sought a patent on an expanded chess game. Patent examiner Mendiratta allegedly told Svatovic that "he will not be able to get [sic] patent unless he hires a lawyer" and also that "he would not conduct any further discussion with [Svatovic] in person." Svatovic was ultimately issued a patent in May 2008. Liberally construing Svatovic's claims that he was discriminated against by the PTO and individual staff members—because he was not represented by an attorney—as asserting constitutional violations under Bivens, district court dismissed Svatovic's complaint. Because pro se status is not a protected classification, Svatovic did not state a claim that his Equal Protection rights were violated because he applied for a patent as an unrepresented person. Even if pro se patent applicants were a protected class, Svatovic's claims that he suffered discriminatory animus were conclusory. The sole articulation of anti-pro se animus was Mendiratta's statement. That single statement by one defendant did not plausibly allege that Svatovic's patent-application process was subjected to anti-pro se animus by the PTO or defendants in their individual capacities.
