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Patent Trial and Appeal Board: Difference between revisions
Patent Trial and Appeal Board (view source)
Revision as of 23:53, 21 December 2024
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On October 31, 2019, a three judge panel of the [[United States Court of Appeals for the Federal Circuit]] held that the administrative patent judges (APJs) were Principal [[Officer of the United States|Officers of the United States]] due to the construction of the statute creating their offices. The panel further held that the members of the Board were unconstitutionally appointed under the [[Appointments Clause]], which would require appointment through the President and confirmation by the Senate. They rectified the situation by severing the portion of the statute that restricted removal of the members of the Board, thus rendering them Inferior Officers of the United States.<ref>{{cite web |url=http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2140.Opinion.10-31-2019.pdf |title=Arthrex, Inc. v. Smith & Nephew, Inc. |last=Moore |first=Kimberly Ann |author-link=Kimberly Ann Moore |date=October 31, 2019 |website=www.cafc.uscourts.gov |publisher=United States Court of Appeals for the Federal Circuit |access-date=November 4, 2019}}</ref> | On October 31, 2019, a three judge panel of the [[United States Court of Appeals for the Federal Circuit]] held that the administrative patent judges (APJs) were Principal [[Officer of the United States|Officers of the United States]] due to the construction of the statute creating their offices. The panel further held that the members of the Board were unconstitutionally appointed under the [[Appointments Clause]], which would require appointment through the President and confirmation by the Senate. They rectified the situation by severing the portion of the statute that restricted removal of the members of the Board, thus rendering them Inferior Officers of the United States.<ref>{{cite web |url=http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2140.Opinion.10-31-2019.pdf |title=Arthrex, Inc. v. Smith & Nephew, Inc. |last=Moore |first=Kimberly Ann |author-link=Kimberly Ann Moore |date=October 31, 2019 |website=www.cafc.uscourts.gov |publisher=United States Court of Appeals for the Federal Circuit |access-date=November 4, 2019}}</ref> | ||
Upon appeal, the [[Supreme Court of the United States]] issued its decision on June 21, 2021, that affirmed that APJs were considered principal officers with "unreviewable authority", and thus had been appointed unconstitutionally. However, to remedy the matter, the Court made it so that all decisions made by the PATB were subject to review by the Director of the Patent Office, who was an appointed position.<ref name="nytimes">{{cite web | url = https://www.nytimes.com/2021/06/21/us/politics/supreme-court-patent-judges.html | title = Supreme Court Says Over 200 Patent Judges Were Improperly Appointed | first = Adam | last = Liptak | authorlink=Adam Liptak | date = June 21, 2021 | access-date = June 21, 2021 | work = | Upon appeal, the [[Supreme Court of the United States]] issued its decision on June 21, 2021, that affirmed that APJs were considered principal officers with "unreviewable authority", and thus had been appointed unconstitutionally. However, to remedy the matter, the Court made it so that all decisions made by the PATB were subject to review by the Director of the Patent Office, who was an appointed position.<ref name="nytimes">{{cite web | url = https://www.nytimes.com/2021/06/21/us/politics/supreme-court-patent-judges.html | title = Supreme Court Says Over 200 Patent Judges Were Improperly Appointed | first = Adam | last = Liptak | authorlink=Adam Liptak | date = June 21, 2021 | access-date = June 21, 2021 | work = The New York Times }}</ref> | ||
== See also == | == See also == | ||