Lawmakers Eye Possible Fix To PTAB's Constitutional Flaw

Law360 (November 19, 2019, 8:11 PM EST) -- Members of the House Judiciary Committee expressed concern Tuesday that a Federal Circuit decision aiming to remedy a constitutional flaw in the Patent Trial and Appeal Board’s structure will undermine the board’s impartiality, and said Congress should quickly enact a better fix.

The panel’s subcommittee on courts, intellectual property and the internet held a hearing to discuss the appeals court’s Oct. 31 ruling that PTAB judges don’t have enough supervision from the director of the U.S. Patent and Trademark Office for the board to pass muster under the appointments clause of the U.S. Constitution.

The court attempted to rectify the problem...

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