The U.S. Patent and Trademark Office may have a major problem on its hands. A petition raising the issue of the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges has been filed in the U.S. Supreme Court. Such a constitutional flaw, if legitimate, could call into question hundreds of decisions in the past eight years worth billions of dollars, and could also affect the appointment of nearly half of the agency's trademark appeals judges.
Could Constitutional Flaw Unravel Eight Years of Patent Board Rulings?
The National Law Journal
April 28, 2008