Irvin E. "Gene" Branch III has filed a federal lawsuit alleging discriminatory employment practices by the United States Patent and Trademark Office (USPTO). The complaint, lodged on January 19, 2025, in the United States District Court for the Middle District of Louisiana, names Derrick Brent, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO, as the defendant.
Branch's legal battle began after he was allegedly denied employment based on his race, sex, color, national origin, and age. A former administrative patent judge with nine years of service at the USPTO until his retirement in 2021, Branch claims that despite being offered a tentative position in November 2022 contingent upon obtaining interim security clearance—which he secured—the offer was later revoked without explanation. He asserts that this decision was influenced by discriminatory considerations regarding diversity and inclusion within the agency.
According to Branch's account, during discussions about his reemployment under a non-competitive "rehired annuitant" process—an option available to retired judges like himself—concerns were raised about whether appointing him would align with the administration's commitment to diversity. This was reportedly communicated to him by Melissa Haapala, then Acting Deputy Chief Administrative Patent Judge. Despite his qualifications and prior exemplary service record at USPTO, Branch alleges that his candidacy was dismissed due to being an older white male.
Branch is seeking redress through several legal avenues including Title VII of the Civil Rights Act for discrimination based on race and sex, as well as the Age Discrimination in Employment Act (ADEA) for age-related bias. He demands compensatory damages for lost wages and benefits resulting from the revoked job offer. Additionally, he seeks declaratory judgments affirming unlawful discrimination occurred and injunctive relief to prevent further discriminatory practices by USPTO.
Represented by attorney Kevin S. Vogeltanz from The Law Office of Kevin S. Vogeltanz LLC in Covington, Louisiana, Branch aims to hold USPTO accountable for what he perceives as unjust treatment rooted in prejudiced hiring policies. The case is set before Judge Brian A. Jackson with Magistrate Judge Richard L. Bourgeois Jr., under Case ID 3:25-cv-00058-BAJ-RLB.