Supreme Court Turns Guns on Patent Office's Post-Grant Proceedings
The Supreme Court agreed to decide whether inter partes review proceedings are constitutional.
June 12, 2017 at 02:31 PM
4 minute read
The U.S. Supreme Court is putting inter partes review on trial.
The high court agreed to decide Monday whether post-grant proceedings at the Patent Trial and Appeal Board are unconstitutional. The proceedings were established in 2012 by the America Invents Act and have proved to be a hugely popular, relatively inexpensive avenue to cancel weak patent claims. It's become known by some as “a death squad” for patent rights.
But a small, vocal group of academics and practitioners have complained that once the Patent and Trademark Office issues a valid patent, it becomes a private property right that only Article III courts may take away.
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