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Westlaw News

Congress may fix PTAB's Appointments Clause woes in 2020 - experts

The U.S. Congress could pass legislation in the coming months to fix a constitutional defect in the structure of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board identified in a recent appeals court ruling, intellectual property lawyers said.

Patent lawyers said a recent congressional hearing made clear that there is broad, bipartisan support for addressing the flaw through a quick legislative fix, rather than by severing a provision of the Patent Act as suggested in the U.S. Court of Appeals for the Federal Circuit’s decision.

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