United States:
SCOTUS Requires USPTO Director Discretion To Review PTAB Decisions
29 June 2021
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In United States v. Arthrex,
the Supreme Court declined to adopt the Federal Circuit's
severance of tenure protection for Administrative Patent Judges to
cure an Appointments Clause violation, and it instead held that the
Director must have discretionary review of Administrative Patent
Judge decisions. Finnegan's At the PTAB Blog explains
the details of the decision.
The content of this article is intended to provide a general
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