Supreme Court to Consider Constitutionality of Administrative Patent Judges
This morning the Supreme Court granted certiorari in United States v. Arthrex, in which the Supreme Court will consider the constitutionality of administrative patent judges at the Patent & Trademark Office (PTO), adding another important Appointments Clause case to the Court’s docket for the term.
Under current law, administrative patent judges are appointed by the Secretary of Commerce. In a constitutional challenge to this arrangement, the U.S. Court of Appeals for the Federal Circuit concluded that, under existing precedent, administrative patent judges are principal officers, and that therefore their appointment by the Secretary of Commerce is unconstitutional.
In Arthrex, the Court accepted certiorari to consider two questions:
- Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the President with the Senate’s advice and consent, or “inferior Off
Article from Latest – Reason.com