John F. Duffy · June 2009
77 GEO. WASH. L. REV. 904 (2009)
Under 35 U.S.C. § 6, administrative patent judges of the Board of Patent Appeals and Interferences (“BPAI”) are appointed by the Director of the Patent and Trademark Office (“PTO”). 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.
