Seven-Plus on the IP Richter Scale: Administrative Process

Abstract:     
Over sixty op-eds have been published in iP Frontline, an IP & Technology Magazine, under the “Seven-Plus” umbrella title. Most have examined recent cases addressing substantive issues. Ones collected here, however, center on process rather than substance.

Published between 2004 and 2010, these eleven comments have been edited and often updated here. They address a range of matters of central interest in copyright, patent and trademark law such as rulemaking process requirements, standards for direct and collateral review of agency action, matters that influence intramural and court jurisdiction, the constitutionality of means for appointing officials and the extent to which PTO boards can properly refuse to permit citation of their own opinions.

Number of Pages in PDF File: 23

Keywords: intellectual property, administrative procedure act, jurisdiction, nonstatutory review, collateral review, collateral estoppel, nonprecedential opinions, rulemaking requirements, the Appointments Clause

JEL Classification: K20, K23

Accepted Paper Series