Tag Archives: Constitution

Is Inter Partes Review Unconstitutional?

By Stephen Hall

iStock_000019576650Large“Adjudication:”  a proceeding which leads to a judicial decision

On November 27, 2017, the Supreme Court heard arguments concerning a challenge to the most frequent form of patent challenges before the United States Patent and Trademark Office (“USPTO”), known as inter partes review (“IPR”).  The USPTO is a federal agency empowered by Congress to grant patents and perform other functions related to patents.  Its other functions include the authority to review previously granted patents and determine whether they were, in fact, validly granted.

In some cases, the need for review may occur because material not found by the patent examiner would have prevented the patent from being granted in the first place.  With all the millions of patents, published applications and journal articles in this country and worldwide, as well as other written publications, industry standards and activities that could affect the right to a patent, there is no system of patent searching guaranteed to uncover every relevant item.  Thus, for several decades, Congress has authorized Continue reading Is Inter Partes Review Unconstitutional?