The Supreme Court granted certiorari on Tuesday in United States v. Arthrex Inc and two other consolidated cases to address the appointment of administrative patent judges.

The question before the court is whether administrative patent judges are considered “principal officers” under the US Constitution’s Appointment Clause or are instead considered “inferior officers.” If administrative patent judges are considered “principal officers,” then they must receive Senate confirmation. However, if they are “inferior officers,” the department head can appoint them.

Currently, the Patent Act of 1952 authorizes the Secretary of Commerce to appoint administrative patent judges. The respondent challenged a decision by the Patent Trial and Appeal Board on the grounds that the administrative patent judges who rendered a decision were unconstitutionally appointed without Senate confirmation. The US Court of Appeals for the Federal Circuit agreed, and the US appealed to the Supreme Court.

The court has not scheduled a date for oral argument yet. Each side will have 30 minutes to argue.