Questions Raised Concerning Constitutionality of Recently Appointed Patent Judges

A case currently on appeal to the U.S. Supreme Court raises the question of whether there is a constitutional flaw in the appointment process for judges who decide cases as part of the Board of Patent Appeals and Interferences (BPAI). Should the Supreme Court hold the appointment process of BPAI judges unconstitutional, it will throw into question the validity of any decision made by patent appeals judges appointed after March 2000.

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