Congress, Constitutional Law, Politics

Crisis in the Patent Bar: Are 46 Judges (and their Past Opinions) Invalid?

My colleague, GW Professor John Duffy is causing quite a stir on the patent court and bar. Duffy has identified a rather clear constitutional problem in how patent judges have been selected — raising credible concerns over whether they — and by extension their past opinions — are legitimate.

Duffy’s criticism focuses on a change in how these administrative judges are selected. Since 2000, patent judges have been appointed by a government official who is not the head of a department — raising a problem the “appointments clause” which covers the appointment of “inferior officers.” Congress acted recklessly when it changed the law to allow the director of the Patent and Trademark Office to make these appointments rather than the secretary of commerce. This is the process by which46 of the 74 judges on the patent court, where selected.

Now, not just the judges but thousands of decisions are seriously in question.

For the full article, click here

2 thoughts on “Crisis in the Patent Bar: Are 46 Judges (and their Past Opinions) Invalid?”

  1. I love the quote, but I liken to a wink and a nod. In the case of the Patent Judges – this is more like the Wedding Video of the young couple that had been robbed of some of the “envelopes” at their celebration.

    Months later, with prime family members assembled for the viewing of the Wedding video – shiny pated pony player ‘Uncle Lenny’, seated on the couch with his 4th wife, is watching the video with the family. Soon, Uncle Lenny is clearly seen in the background of the video (although not the subject of the particular shot). The Groom’s jacket is hanging on the back of his empty chair while he dances the Macarena with the Bride and friends. The bald Uncle is seen slipping the stuffed envelope of cash offerings from the solitary jacket into the warm inside pocket of his own and quietly back away and blowing his nose.

    That’s what I feel about the GOP stewardship over our Nation.

  2. “Congress acted recklessly (in 2000) when it changed the law to allow the director of the Patent and Trademark Office to make these appointments rather than the secretary of commerce.”

    The GOP Congress acted recklessly? To paraphrase from the film Casablanca; I’m shocked to learn such things are going on…

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