Attorney: Expect PTO Director To Use ‘Discretion’ In New Patent Appeal Authority
The US Supreme Court found that the role of administrative judges in patent review was unconstitutional but could be fixed by giving the PTO’s director more oversight, reinforcing the staying power of the patent appeals process.
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As confirmation hearings for Judge Ketanji Brown Jackson continue, MTI took a look at some of the core areas at stake.
The interim process allows review of patent board verdicts by the director of the patent office either at the director’s initiative, or upon request of an involved party.
Ruling keeps the principle of assignor estoppel in place, but restricts its use to situations where an inventor’s claims in court directly contradict those in the patent.