Loper Bright and convulsive shocks to U.S. patent practice
The recent Supreme Court decision in Loper Bright, which ended the long-standing Chevron deference for administrative agencies, is expected to have minimal impact on U.S. patent law overall.
However, it could still influence post-grant proceedings at the USPTO and ITC cases. Meanwhile, a recent Federal Circuit ruling, Chestek, has allowed the USPTO to bypass public notice-and-comment requirements when setting procedural rules.
This decision could potentially significantly impact patent practitioners in the U.S.
For the full story, read David Loretto‘s article here.