How Much Deference Courts Owe to USPTO Guidance
Law360, June 2019
5 Pages Posted: 16 Jul 2019
Date Written: June 20, 2019
In recent decisions, the U.S. Court of Appeals for the Federal Circuit has alluded to the issue of whether any deference or consideration is owed to guidance issued by the U.S. Patent and Trademark Office, but has declined to fully analyze or decide the issue. This article aims to provide some such analysis, arguing that Skidmore provides the appropriate framework, but that Skidmore's weight is relatively low given the Federal Circuit's own expertise in patent law.
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