Potential Impact on USPTO Regulations of Supreme Court Unraveling the Chevron Deference | Fenwick & West LLP
The U.S. Supreme Court’s decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules. This unraveling of the so-called “Chevron Deference” may affect contentious issues like the Patent Trial and Appeal Board’s discretion on patent reviews and a proposal linking patent enforceability to related patent validity.
Previously, the USPTO’s authority to receive deference was unclear. The ruling may now influence ongoing public comments on various USPTO rulemaking proposals. Historically, the USPTO’s interpretations on patent law were not typically granted deference, especially on issues like obviousness.
It’s essential for patent practitioners and stakeholders to stay informed about how this decision could shape future USPTO regulations and impact the patent landscape.
The Supreme Court’s decision making it clear that even regulations that have gone through notice-and-comment rulemaking will not be given deference came down just as the USPTO has initiated the process on several contentious issues. Those include the PTAB’s discretion to refuse to review patents and a proposed policy that would make some patents unenforceable if a claim of a related patent is found invalid.
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