Agencies that regulate technology or confer intellectual property rights have long been overlooked as governed by administrative law. This book attempts to correct that. Aside from agencies addressed in leading cases such as McKart or Chevron, the U.S. Patent and Trademark Office (PTO) receives the most attention. It offers rich opportunities for exploring both traditional and non-traditional administrative law topics. One non-traditional topic is the PTO's unique capacity to regulate practitioners; another is the Federal Circuit's singular role in direct and collateral review of PTO patent grants as well as it’s limited role in overseeing PTO trademark registrations. Because of status ambiguity generated by their residence within the Library of Congress, the Copyright Office and the Copyright Review Board, a sister agency central to collecting and distributing billions of dollars in compulsory media licenses, are also of interest.
The focus is judicial oversight. Therefore, matters such as jurisdiction and other threshold issues, as well as standards of review, receive above average attention.
nOrganization and content heavily rest on nearly forty years of teaching both administrative process and a full spectrum of substantive intellectual property courses. Development of the book was also advanced in a series of research seminars.
The book contains no index. It does, however, have a relatively complete table of cases, often useful despite the capacity to search digitally. The statutory appendix includes the bulk of the Administrative Procedure Act and most of the Freedom of Information Act. It also contains relevant provisions from Titles 15 (trademarks), 17 (copyrights), 28 (courts) and 35 (patents) of the U.S. Code.