U.S. Supreme Court Grants Director of USPTO Power to Overturn Patent Decisions

    Andrew Milano

    On June 21, 2021, the Supreme Court of the United States (SCOTUS) announced a decision in the matter of United States v. Arthrex, Inc. et al., in which SCOTUS ruled that the administrative patent judges (APJs) of the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) were unconstitutionally appointed and in violation of the Appointment Clause.

    In an attempt to resolve this issue, SCOTUS gave the USPTO Director unrestricted power to review and overturn PTAB decisions going forward.

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