Politics, Policy & Law
PTAB expected to get a Supreme pass
Why the inter partes review system will likely remain intact despite potential for unconstitutional PTAB ruling
Regardless of which way the Supreme Court leans in U.S. v. Arthrex, it isn’t expected to scrap the PTAB system altogether.
Whether the Supreme Court finds the Patent Trial and Appeal Board’s current structure to be unconstitutional may be down to a coin flip. Regardless of the outcome, it is likely that the inter partes review system will continue largely unchanged.
The inter partes review (IPR) program, and the Patent Trial and Appeal Board (PTAB) that oversees it, was established by Congress in 2011 as part of the America