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US Supreme Court Gives PTO Director Chance To Impact Outcome Of Patent Disputes

 
• By Brenda Sandburg

High court finds PTAB judges were unconstitutionally appointed; ruling is unlikely to benefit one party over another in inter partes review proceedings, attorneys say, but that could depend on the director. PTO is expected to provide guidance on how and when to request review of Patent Trial and Appeal Board decisions.

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US Supreme Court finds PTO administrative judges were not constitutionally appointed • Source: Brenda Sandburg

In a sharply divided decision, the US Supreme Court found that Patent Trial and Appeal Board judges were unconstitutionally appointed and that to overcome this problem the director of the US Patent and Trademark Office has the discretion to review the Board’s final decisions in inter partes review proceedings. While the ruling shifts power to the head of the PTO, some attorneys expect neither party will gain advantage from the change.

The justices issued a complex set of opinions concurring in part and dissenting in part from the majority opinion issued by Chief Justice John Roberts, Jr. in United States v. Arthrex

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