"Protecting property rights and defanging the administrative state are the "red meat" of conservative political ideology. Both of these dimensions intersect in the patent system. These forces stand ready to reformulate a broken patent system in the crucible of high conservative ideals."
"These constitutional challenges seek to overrule a 2015 decision by the Court of Appeals for the Federal Circuit that oxymoronically labeled the private property of an invention patent as a "public right," a label calculated to salvage clearly unconstitutional aspects of the 2011 America Invents Act (AIA)."
"The legislation seeks to eliminate, in one enactment, the prevalent judicial standard of review over administrative agency rulemaking - Chevron deference. This will roll back the 100-year creep of administrative agency power-grabs that the Patent Office has fully endorsed and adopted."
The patent system represents an intersection of conservative priorities regarding property rights protection and limiting administrative state power. Constitutional challenges are underway against a 2015 Federal Circuit decision that classified patent property as a "public right," which supporters argue salvaged unconstitutional aspects of the 2011 America Invents Act. Simultaneously, proposed legislation aims to eliminate Chevron deference, the judicial standard governing administrative agency rulemaking review. This would reverse a century of administrative power expansion that the Patent Office has embraced. The political climate under the Trump Administration has shifted to make these constitutional challenges more viable, with previous cases coming closer to Supreme Court review than typical.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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