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.

Suggested Citation

Michaels, Andrew C., How Much Deference Courts Owe to USPTO Guidance (June 20, 2019). Law360, June 2019, Available at SSRN:

Andrew C. Michaels (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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