October 31, 2019 / 9:10 PM / 15 days ago

U.S. patent board is unconstitutional, but problem can be fixed -appeals court

Oct 31 (Reuters) - A federal appeals court on Thursday said the structure of the U.S. Patent Trial and Appeal Board is unconstitutional, but the problem can be fixed by severing a portion of federal patent law that restricts the removal of administrative patent judges.

The U.S. Federal Circuit Court of Appeals said the impact of its decision would be “limited” to cases in which the board had issued final written decisions, and litigants challenged on appeal the appointment of the board’s judges under the U.S. Constitution’s Appointments Clause. (Reporting by Jonathan Stempel in New York; Editing by Richard Chang)

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