Seven-Plus on the IP Richter Scale: Administrative Process
IP & Technology Magazine, 2004-2010 (various dates)
23 Pages Posted: 13 Dec 2011
Date Written: December 13, 2011
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.
Keywords: intellectual property, administrative procedure act, jurisdiction, nonstatutory review, collateral review, collateral estoppel, nonprecedential opinions, rulemaking requirements, the Appointments Clause
JEL Classification: K20, K23
Suggested Citation: Suggested Citation