Author: Jeannette Maurer Carmadella
Published: July 9th, 2021
Holding that the current appointment process for administrative patent judges is unconstitutional, the Supreme Court in United States v. Arthrex fashioned a creative remedy by leaving the process intact but giving the director of the USPTO the power and discretion to review and overturn final decisions of the judges by rehearing. It remains to be seen how this process will be implemented. The judicial appointment process of the Trademark Trial and Appeal Board is unaffected by the decision.
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