USPTO Tells Fed. Circ. Arthrex Not For Ex Parte Appeals

Law360 (May 30, 2020, 12:36 AM EDT) -- The U.S. Patent and Trademark Office is urging the Federal Circuit not to invoke its Arthrex ruling during appeals of rejected patent applications, saying that ruling's remedy of vacating and remanding cases is not needed under these circumstances.

Filed on Wednesday, the USPTO's brief comes after the Federal Circuit called on the agency to weigh in on whether the USPTO director's authority to issue or reject patents qualified as enough control over the Patent Trial and Appeal Board to make its administrative patent judges "inferior officers" under the U.S. Constitution.

The question is part of a larger appeal brought by New...

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