Arthrex: ‘Patents Have Become More Political’

The Supreme Court of the United States’ Arthrex decision determined that Patent Trial and Appeal Board (PTAB) Administrative Patent Judges (APJs) were unconstitutionally appointed. As a remedy, the Supreme Court handed power to the U.S. Patent and Trademark Office (USPTO) director to assess inter partes review (IPR) decisions. World IP Review interviewed Finnegan partner Derek McCorquindale for his thoughts on the decision.

Derek said, “The director’s authority is executive and remains circumscribed to allow the U.S. President to maintain adequate control, including the power of direct removal. Additionally, any review conducted by the director will still be subject to judicial review at the United States Court of Appeals for the Federal Circuit.”

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