Fed. Circ. Rules PTAB Judge Appointments Unconstitutional

Law360 (October 31, 2019, 6:41 PM EDT) -- The Federal Circuit ruled Thursday that the way Patent Trial and Appeal Board judges are appointed is unconstitutional because they do not receive enough oversight and supervision from the director of the U.S. Patent and Trademark Office.

The director of the U.S. Patent and Trademark Office, headquartered in Alexandria, Virginia, has insufficient oversight of Patent Trial and Appeal Board judges, the Federal Circuit found. (AP) To remedy the violation, the appeals court struck down a part of the Patent Act that made it difficult for PTAB judges to be removed by their superiors. That change "provides significant constraint on issued decisions"...

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