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http://papers.ssrn.com

As amended in 1999, 35 U.S.C. ยง 6 authorizes the Director of the Patent and Trademark Office (PTO) to appoint all administrative patent judges of the Board of Patent Appeals and Interferences. That method of appointment is almost certainly unconstitutional, and the administrative patent judges serving under such appointments are likely to be viewed by the courts as having no constitutionally valid governmental authority.

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Created by peacemaker 14 years 3 weeks ago
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