Duties and functions

USPTO not waiting for Biden nominee for director reviews

Law360 (July 1, 2021, 4:28 p.m. EDT) – The US Patent and Trademark Office won’t wait for President Joe Biden to appoint a permanent director to start asking its chief to review the decisions of the Trial Board and patent appeal based on the Supreme Court Arthrex ruling.

In last week’s Arthrex decision, judges said that the director of the USPTO must be able to review every decision of the PTAB so that council judges are considered to be properly supervised under the appointment clause of the Constitution. Since the temporary leader, Drew Hirshfeld, is not confirmed by the Senate, there had been questions as to whether he would delay making decisions, but he settled this matter at a …

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