Bill To End Chevron Deference May Put Target On USPTO Rules

By Ryan Davis (January 20, 2017, 9:10 PM EST) -- A bill that recently passed the U.S. House of Representatives aimed at ending judicial deference to agency legal interpretations could open the door to new challenges to U.S. Patent and Trademark Office rules governing inter partes reviews and other procedures if it were enacted, attorneys say.

The Regulatory Accountability Act of 2017 passed the House on Jan. 11 by a 238-183 vote and includes a provision that would effectively repeal the U.S. Supreme Court's 1984 decision in Chevron USA Inc. v. Natural Resources Defense Council, which held that courts should defer to agency interpretations of ambiguous statutes.

Under the bill, courts...

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