Analysis

Surveying The Fallout From The PTAB Constitutionality Ruling

Law360 (November 1, 2019, 11:02 PM EDT) -- The Federal Circuit's ruling that the Patent Trial and Appeal Board's structure was unconstitutional will allow new hearings in some cases, but will it meaningfully change how the board operates? Here's a look at the questions swirling after the surprising decision.

The appeals court held Thursday that PTAB judges had insufficient oversight from the director of the U.S. Patent and Trademark Office under the appointments clause of the U.S. Constitution, noting that the judges are difficult to remove from their posts and that their decisions cannot be reviewed or reversed by the director.

To rectify the problem, the Federal Circuit struck...

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