Patent Trial and Appeal Board

The decisions of the CAFC may also be reviewed on a discretionary basis by the United States Supreme Court as was firmly established in 1996 in Brenner v. Manson.The United States Congress, however, can change the patent laws, and thus override a precedential decision of the Supreme Court, but only for future cases and not retrospectively.Starting in 2014, parties challenged the constitutionality of the PTAB to review and cancel patent claims under the Seventh Amendment and separation of powers doctrines.They rectified the situation by severing the portion of the statute that restricted removal of the members of the Board, thus rendering them Inferior Officers of the United States.[13] Upon appeal, the Supreme Court of the United States issued its decision on June 21, 2021, that affirmed that APJs were considered principal officers with "unreviewable authority", and thus had been appointed unconstitutionally.
United States patent lawAmerican Inventors Protection ActBayh–Dole ActInvention Secrecy ActHatch-Waxman ActLeahy–Smith America Invents ActTitle 35 of the United States CodeArticle of manufactureComposition of matterMachineMethodInter partes reviewMarkman hearingReexaminationUnited States Patent and Trademark OfficeExhaustionInfringementMisuseRacismTerm of patentManual of Patent Examining ProcedureHistoryBiological patentsSoftware patentsList of patent law casesadministrative law bodypatentabilityAmerica Invents ActBoard of Patent Appeals and InterferencesAdministrative Patent Judgespatent examinerappealex parteopinionUnited States Court of Appeals for the Federal Circuit35 U.S.C.discretionary basisUnited States Supreme CourtBrenner v. MansonDirector of the United States Patent and Trademark OfficeU.S. District Court for the Eastern District of Virginia28 U.S.C.United States CongressProfessor John F. DuffySeventh AmendmentOil States caseUnited States v. Arthrex, Inc.Officers of the United StatesAppointments ClauseSupreme Court of the United StatesAppeal procedure before the European Patent OfficeTrademark Trial and Appeal BoardMoore, Kimberly AnnLiptak, AdamThe New York Times