Dickinson v. Zurko: An Amicus Brief


Professors Field, Nard, and Duffy (the “Amici”) submitted the below amicus brief to the Court. Their conclusion, like that of Petitioner Dickinson, was that, pursuant to the APA and case law, (1) decisions of the PTO Board of Patent Appeals and Interferences (“Board”) must be reviewed on the basis of the Board's own reasoning; and (2) the Board's factual findings must be reviewed under the APA standard of review. In short, the Amici concluded that the PTO is indeed subject to the standards of judicial review set forth in the APA.


Administrative Procedure Act, Patent Law

Publication Date


Document Type


Place of Original Publication

Marquette Intellectual Property Law

Publication Information

4 Marquette Intellectual Property Law Review 49 (2000)

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COinS Thomas G. Field Faculty Bio