4 ms·
Good point, the courts still hold ultimate review of patents. The new law just moved the point when review switches over from the executive branch to the judici
by Scott_Sanderson 8y ago
Good point, the courts still hold ultimate review of patents. The new law just moved the point when review switches over from the executive branch to the judicial branch.
- _delirium 8y agoThe majority opinion relies on that in part too, briefly suggesting (in III-E) that it might not necessarily have reached the same decision if Patent Office invalidations weren't appealable in the courts. They don't specifically say that appealability is required, but they leave open the question of whether this review system could be upheld without it.