Supreme Court May Find Patent Board Judges Unconstitutionally Appointed But Favor Narrow Fix

During oral argument in the Arthrex case, several justices seemed to agree with the Federal Circuit that PTAB judges should have been appointed by the president. They could opt to get around the problem by enabling the PTO director to review all panel decisions.

US Supreme court building with 1st statue on left
Supreme Court may issue fix on constitutional status of PTAB administrative patent judges • Source: Brenda Sandburg

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