Litigation

Ca. Litig. Rev. 2023

INTELLECTUAL PROPERTY: WHEN ARTICLES COLLIDE (CONSTITUTIONAL ARTICLES, THAT IS)

AUTHORS*

Morgan Chu

Dominik Slusarczyk

A recent decision by the United States Court of Appeals for the Federal Circuit highlights an important Constitutional distinction between two titan institutions in the patent world: the agency Congress created in 1790 to administer the Nation’s patent system, the Patent Office, and the federal courts that Congress routinely charges with review of that agency’s actions.

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