Home > INBLF Articles and Media > INBLF Articles > Intellectual Property > United States v. Arthrex: Supreme Court Crafts a Creative Remedy for the Appointment of Patent Judges
Carmadella, Jeannette Maurer
Lutzker & Lutzker
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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Lutzker & Lutzker LLP, USPTO, patent