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Validity And Constitutionality Of Inter Parte Reviews Before The U.S. Supreme Court, Helen Kathryn Emmons Kelly

Online Theses and Dissertations

For 400 years, courts have adjudicated disputes between private parties about the validity of patents. Inventors apply for patents to an administrative agency. Patent examiners review the application to determine whether or not an idea is valid to have a patent issued. Patent examiners are people and sometimes errors are made. An administrative agency must have an administrative avenue to review a potential error. Six years ago, Congress created a review with the implementation of inter parte reviews. An argument before the U.S. Supreme Court looks at whether or not Inter partes review violate Article III of the U.S. Constitution. …