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Chicago-Kent College of Law

Chicago-Kent Journal of Intellectual Property

Journal

2018

United States Patent and Trademark Office

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Precedential Decisions At The Ptab: An Endangered Species?, Robert M. Yeh Ph.D Apr 2018

Precedential Decisions At The Ptab: An Endangered Species?, Robert M. Yeh Ph.D

Chicago-Kent Journal of Intellectual Property

This Article describes the USPTO’s practice of designating certain opinions as precedential, informative, or representative and compares it to the practice of issuing precedential opinions at other agencies that conduct quasi-judicial proceedings. The Article explores the impact of these agency practices on stare decisis. It concludes that the USPTO should simplify its designation process, increase the number of precedential opinions, and by doing so improve consistency and predictability.


Without Clear Rules, Ptab Practices May Run Afoul Of The Apa, Arpita Bhattacharyya, Rachel L. Emsley Apr 2018

Without Clear Rules, Ptab Practices May Run Afoul Of The Apa, Arpita Bhattacharyya, Rachel L. Emsley

Chicago-Kent Journal of Intellectual Property

No abstract provided.