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To embed, copy and paste the code into your website or blog: The Supreme Court held this week that the United States Patent and Trademark Office’s (“USPTO”) appointment of Patent Trial and Appeal Board (“PTAB”) judges cannot be constitutionally enforced because the USPTO director does not have authority to review final PTAB decisions. Smith & Nephew, Inc. and ArthroCare Corp. petitioned for inter partes review in the USPTO against Arthrex, Inc.’s patent on a surgical device. A PTAB panel consisting of three administrative patent judges (“APJs”) concluded that Arthrex’s patent was invalid. On appeal, the Federal Circuit determined that the appointment of APJs violated the Appointments Clause, and it severed the limitations on their removability. The Appointments Clause requires the President to appoint principal officers, who then must be confirmed by the Senate before taking office.

United statesSnell wilmerJustice robertsTrademark officeSupreme courtArthrex incSmith nephew incArthrocare corpUnited states patentPatent trialAppeal boardFederal circuitAppointments clauseChief justice robertsJustices kaganஒன்றுபட்டது மாநிலங்களில்