SCOTUS Requires USPTO Director Discretion to Review PTAB Decisions
June 22, 2021
Authored and Edited by Kara A. Specht; Elizabeth D. Ferrill
In United States v. Arthrex, the Supreme Court declined to adopt the Federal Circuit’s severance of tenure protection for Administrative Patent Judges to cure an Appointments Clause violation, and it instead held that the Director must have discretionary review of Administrative Patent Judge decisions. Finnegan’s At the PTAB Blog explains the details of the decision.
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