Supreme Court confirms constitutionality of patent dispute review process

In a recent court case, the U.S. Supreme Court ruled that post-grant review of patents by the Patent Trial and Appeal Board (PTAB) is constitutional, but the board must decide the legitimacy of every challenged claim during a PTAB proceeding. Prior to this decision, it was common for PTAB to review some, but not all claims.

The process in question was originally instituted as part of the 2012 America Invents Act to provide a more efficient way to review approved patents when a dispute is issued. The recent decision will have far-reaching implications for cases moving forward.

– David G. Oberdick, Meyer, Unkovic & Scott, DGO@MUSLAW.com