Under the America Invents Act, the BPAI was replaced with the Patent Trial and Appeal Board (PTAB), effective September 16, 2012.
The Trial Division, with 11 Administrative Patent Judges as of 2008, handled contested cases or interference proceedings.
The decisions of the CAFC may also be reviewed on a discretionary basis by the United States Supreme Court.
The United States Congress, however, can change the patent laws and thus override a decision of the Supreme Court.
[5] This problem has since been rectified and current Administrative Patent Judges are appointed by the Secretary of Commerce.