A recent report from the Government Accountability Office showed an overwhelming majority of Patent Trial and Appeal Board (PTAB) judges feel their independence is being threatened by political appointees.
The report comes after calls from congress to review the administrative court’s transparency in the wake of the U.S. Supreme Court’s decision in United States v. Arthrex. That ruling found the PTO director has final say over PTAB decisions because the director is the agency’s only presidentially appointed principal officer.
Katherine Vidal testifies before the Senate Judiciary Committee. (Credit Diego M. Radzinschi/ALM)