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Archive: April, 2016
THE NON-REVIEWABILITY PROVISION AND ITS IMPLICATIONS
The America Invents Act (“AIA”) stipulates that the USPTO’s decision regarding the institution of a post-grant trial proceeding shall be final and non-appealable. This seemingly straightforward pragmatic law aims to delegate authority to the USPTO over matters that it possesses expertise on and is arguably uniquely situated to determine. However, the issues are more complex than meets […]
Communique by the President of AIPPI regarding World IP Day 2016
On April 21, 2016 the President of AIPPI (International Association for the Protection of Intellectual Property) released a communique regarding World IP Day, which this year is with theme “Digital Creativity: Culture Reimagined”. Dear AIPPI Friends, On Tuesday, April 26, 2016, I encourage each of you to join with others to mark World IP Day – a day to celebrate […]
HOW CONGRESS MADE THE USPTO INFALLIBLE AND HOW THAT AGENCY SEIZED EVEN MORE POWER BY ITS “RULE MAKING AUTHORITY”
The Supreme Court of the United States is set to hear oral argument in Cuozzo Speed Technologies, LLC v. Lee on April 25, 2016. The landmark case is the first opportunity The Supreme Court will have to weigh in on the constitutionality of the non-appealable provisions of the America Invents Act and the USPTO’s use of the “Broadest Reasonable […]