Constitutionality Of Administrative Patent Judges Debated At Supreme Court

Mealey's (March 1, 2021, 2:49 PM EST) -- WASHINGTON, D.C. — In oral arguments March 1, a patent owner told the U.S. Supreme Court that the inter partes review (IPR) regime is unconstitutional and that severing Section 3(c) of the Patent Act — which applies the removal restrictions of Title 5 of the U.S. Code, to officers and employees of the U.S. Patent and Trademark Office — “doesn’t solve the problem, because administrative patent judges (APJs) “still have no superior.”...