Patent Law Blog (Patently-O): Are Administrative Patent Judges Unconstitutional?

Patent Law Blog (Patently-O): Are Administrative Patent Judges Unconstitutional?: "In his recent essay [LINK], Professor John Duffy raises the shocking point that since 2000, the appointment process of BPAI Judges has been unconstitutional. Generally, administrative officers must be appointed by a cabinet level official. Under 35 U.S.C. 6, however, the PTO director appoints the board. This disconnect, created by the 1999 patent reform measures, creates a serious constitutional problem."