The PTAB is Not an Article III Court: What Every IP Lawyer Should Know about Administrative Law

Washington, D.C., intellectual property partner and group co-chair Bob Stoll participated on a panel at the Pauline Newman Intellectual Property American Inn of Court on November 8, 2017, discussing the U.S. Patent and Trademark Office (USPTO)’s rule making efforts with special consideration of rule making related to the Patent Trial and Appeal Board (PTAB). The panel, “The PTAB is Not an Article III Court: What Every IP Lawyer Should Know about Administrative Law,” featured Bob in discussion with David Boundy, CEO of Cambridge Technology Law. Bob spoke about rule-making at the USPTO generally and explained how 35 U.S. Code §316 gave the USPTO specific authority to create some rules related to PTAB procedures. Bob also talked about the rule of law and how patent litigators could offer their clients an advantage by challenging rules that might be implemented using improper procedures or that go beyond the scope of an agency’s authority.

Learn more about the Pauline Newman IP American Inn of Court.