One of the many amici who have filed briefs in a Supreme Court case asking the Court to overrule its precedent in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. told the justices last week that the United States Patent and Trademark Office (USPTO) is abusing the so-called Chevron doctrine “to bypass the procedures that ensure that the agency considers the public interest.” The “Chevron doctrine” says courts should defer to administrative agencies’ interpretation of the statutes delegated to them. In the 1984 ruling in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the Supreme Court held that a court “may not substitute its own construction of a statutory provision for a reasonable interpretation made by [the agency charged with administering the statute],” where the statute is ambiguous.
Recent Posts
- Pro Se Applicant Gets USPTO’s 101 Rejection Vacated at CAFC
- Split Third Circuit Upholds Medicare Price Negotiation Program Under Biden IRA
- U.S. Chamber-Led Coalition Joins Voices Telling Commerce to Nix Valuation-Based Patent Fee Proposal
- Trump Order Bars USPTO Patents Employees from POPA Membership But Will Not Yet Affect Telework
- CAFC Upholds Prosecution Laches Ruling Against Gil Hyatt