USPTO Implementation of AIA Does Not Violate Due Process: Federal Circuit Affirms the PTAB Panel Determining Institution of an IPR Can Also Issue the Final Written Decision

USPTO Implementation of AIA Does Not Violate Due Process: Federal Circuit Affirms the PTAB Panel Determining Institution of an IPR Can Also Issue the Final Written Decision

In Ethicon Endo-Surgery, Inc. v. Covidien LP, a 2-1 panel split of the Federal Circuit held that neither the American Invents Act (“AIA”) nor the Constitution precludes the same panel of the Patent Trial & Appeal Board (“PTAB” or “Board”) from both deciding whether to institute an inter partes review (“IPR”) of a challenged U.S. Patent and making the final patentability determination in that IPR.

Tweet Like LinkedIn LinkedIn Google Plus

A Holiday Stocking Stuffer from the USPTO: Record Clarity and Transparency

By | IP Law Bulletin ™ | December 21, 2015
A Holiday Stocking Stuffer from the USPTO: Record Clarity and Transparency

Earlier last month, Director of the United States Patent and Trademark Office (USPTO) Michelle Lee announced the Enhanced Patent Quality Initiative to increase the clarity of issued patents so as to ensure that patent holders and potential users are better informed of the full scope of the patents’ rights when making important business decisions.

Tweet Like LinkedIn LinkedIn Google Plus