The Appointments Clause and the Unreviewable Executive Power of Administrative Patent Judges
I. Introduction In 2011, Congress enacted the Leah-Smith American Invents Act (AIA), which created proceedings called inter partes review (IPR) permitting reexamination of already issued patents based on novelty and obviousness.1. The proceedings are conducted by the Patent Trial and Appeal Board (PTAB), an executive adjudicatory body that is the part of the Patent and Trademark Office (PTO). … Continued