Document Type
Article
Publication Date
2017
Abstract
Tomorrow, the Supreme Court will hear arguments in Oil States vs. Greene’s Energy Group, et al. on whether the Patent and Trademark Office, acting through the Patent and Trial Appeal Board (PTAB), can decide the validity of existing patents. The question, in particular, is whether the PTAB is unconstitutionally extinguishing private property rights in a non-Article III forum without a jury. At stake, therefore, is a range of vital issues, including patents, property, and the right to be heard in a real court, with a jury.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Philip A. Hamburger,
PTAB, Patents, and the Constitution,
Yale J. on Reg. Notice & Comment, November 26, 2017
(2017).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4809