Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex. But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not. It explains, in detail, just…
Tag Archive for constitution
There Is a Constitutional Right at Stake in Patent Reform, But It’s Not What You Think
by Matt Levy •
The Constitution did not create a right to a patent. Let’s get that out of the way. The eighth clause of Section 8 of Article I says, Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their…