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NCLA Celebrates Perfect Six for Six Amicus Record Over Administrative Power at U S Supreme Court

NCLA Celebrates Perfect Six for Six Amicus Record Over Administrative Power at U S Supreme Court
benzinga.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from benzinga.com Daily Mail and Mail on Sunday newspapers.

NCLA Celebrates Perfect Six for Six Amicus Record Over Administrative Power at U S Supreme Court

NCLA Celebrates Perfect Six for Six Amicus Record Over Administrative Power at U S Supreme Court
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Supreme Court Says Patent Review Judges Are Unconstitutional, But It Can Be Fixed If USPTO Director Can Overrule Their Decisions

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

Arthrex: Unreviewable APJ Authority Incompatible With Appointments Clause - Intellectual Property
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