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What Will Arthrex Review Look Like? - Intellectual Property
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NCLA Celebrates Perfect Six for Six Amicus Record Over Administrative Power at U S Supreme Court
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NCLA Celebrates Perfect Six for Six Amicus Record Over Administrative Power at U S Supreme Court
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Wed, Jun 30th 2021 3:33pm
Mike Masnick
As you may recall, a few weeks ago I wrote about how Congress was asking the GAO to investigate whether the director of the US Patent & Trademark Office had been interfering in determinations made by the Patent Trial and Appeal Board (PTAB). I m not going to go into
all of the background again (please read the original for that), but under the America Invents Act, a process for reviewing patents after they were granted was set up, known as the Inter Partes Review (IPR) process. This was important, because the granting of patents is a non-adversarial process, where patent examiners are not given very much time to actually review everything. So the IPR process allowed those (especially those with prior art) to kick off a process by which the PTAB would recheck to see if the original examiner made a mistake in granting a 20 year monopoly to someone.
Arthrex: Unreviewable APJ Authority Incompatible With Appointments Clause - Intellectual Property
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