Patent Reviews in ‘Limbo’ As Supreme Court Takes Case on Judges

The U.S. Supreme Court’s decision on the constitutionality of administrative patent judge appointments may set the stage for Congress to step in and resolve an issue that’s thrown over 100 patent cases into question.

The court Tuesday said it would review an appeals court decision that found Patent and Trademark Office judges are powerful enough to be principal officers under the Constitution, meaning they should have been appointed by the president and confirmed by the Senate.

In Arthrex Inc. v. Smith & Nephew Inc., the appellate court rendered the agency’s Patent Trial and Appeal Board judges inferior officers who are ...