Talk:Board of Patent Appeals and Interferences

This court no longer exists!
Although technically true that this court was renamed, it was much more than that. The Patent Trial and Appeal Board is quite different in nature than the old BPAI. For example the PTAB has IPR, CBM, PGR, and derivation proceedings that the BPAI never had. In addition, the BPAI had inter partes reexam and interference proceedings that the PTAB does not have. We need to create a new page for the PTAB and clearly indicate that this one no longer exists. Speedplane (talk) 11:48, 21 May 2014 (UTC)

I couldn't take this anymore... so I created a new page: Patent Trial and Appeal Board Speedplane (talk) 23:22, 4 December 2014 (UTC)

Untitled
Put in stub to get page started.--Nowa 23:31, 30 October 2005 (UTC)

Congress Vs. Supreme Court?
"The United States Congress, however, can change laws and thus override a decision of the United States Supreme Court."

I question this, because I thought the USSC also decides on issues of constitutionality. No amount of changing laws can override the constitution (with the obvious exception of amending the constitution, a long and difficult process)

Also, the whole concept of Checks and balances is based on the idea that none of the branches of government is greater than the others —The preceding unsigned comment was added by Fbarton (talk • contribs) 22:21, 28 January 2007 (UTC).
 * Good question. The US Supreme Court decides questions related to the proper interpretation of a given law. This may or may not include whether or not a given law is constitutional.


 * If Congress doesn't like how the Supreme Court interpreted a law, they can change the law. As long as the new law is constitutional, Congress has the last word. For example:


 * "In 1946, the law was amended to overrule the Supreme Court's decision in Electric Storage Battery v. Shimadzu[36], which had applied the U.S. laws "first to invent" principle on a world wide basis. The statute confined the first to invent principle to situations where evidence of the invention could be found in the United States." A Brief History of the Patent Law of the United States


 * --Nowa 02:07, 29 January 2007 (UTC)

unconstitutionally appointed judges
anymore news on this? why isn't it a bigger news story? ideas?

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1128311

—Preceding unsigned comment added by 151.201.6.168 (talk • contribs)


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Appeals from BPAI
Can you actually appeal from the BPAI to a district court under 35 USC 145? The statute just says appeal to the Federal Circuit or civil suit against the director in the DC District Court, not district courts in general... Cquan (after the beep...) 01:12, 16 January 2009 (UTC)
 * Ok, my reading of 141 and 145 doesn't show you can appeal a BPAI decision to anyone besides the Federal Circuit. The civil suit in the DC district court is not an appeal and I don't see how a district court can have any kind of appellate jurisdiction anyway (nor does a district court besides DC have personal jurisdiction over the USPTO or officers thereof). I went ahead and edited the appeals procedure to reflect this, but feel free to correct (preferably with sources since I'm curious to know) if necessary. Cquan (after the beep...) 11:58, 18 January 2009 (UTC)

Name Changed - Now the "Patent Trial and Appeal Board"
The name of this administrative court has changed. Should we change the name of the article? Or create a new article under the new name?

Is there a procedure for "formerly named" titles? Something like: "Patent Trial and Appeal Board (formerly Board of Patent Appeals and Interferences)" Teachingaway (talk) 19:48, 26 February 2013 (UTC)


 * I think the best way is to have the "PTAB" page include a link back to the "BPAI" page right under the Main Title. I added a sentence on the USPTO page describing the change over.  If you search Patent and Trademark Office Appeals Board, you merely get redirected to BPAI.  That redirect has to be eliminated also.Saltwolf (talk) 22:48, 25 May 2013 (UTC)

External links modified
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 * Added archive https://web.archive.org/web/20090114054438/http://www.uspto.gov/web/offices/dcom/bpai/docs/bpai_org_12152008.pdf to http://www.uspto.gov/web/offices/dcom/bpai/docs/bpai_org_12152008.pdf

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