In April 2018, the Supreme Court issued its decision in the case, Oil States Energy Services v. Greene’s Energy Group, which dealt with inter partes review at the Patent Trial and Appeal Board (PTAB). The 7-2 decision embraced the view of patents as public franchise grants, thereby asserting that PTAB’s review process did not violate Article III or the Seventh Amendment.

Should patents be viewed as private or public rights? Professor Adam Mossoff of the Antonin Scalia Law School explains how the Oil States decision changes our understanding of intellectual property in the United States.

As always, the Federalist Society takes no particular legal or public policy decisions. All opinions expressed are those of the speaker.

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