Conservative Ideology Will Rebuild the Patent System Conservative Ideology Will Rebuild the Patent System
By Robert P. Greenspoon January 30, 2017 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. President Trump himself remains silent on his views on patent rights. As of this writing, he has not made any public statements on his choice for Undersecretary of Commerce for Intellectual Property / Director of the Patent Office. Yet political forces in his slipstream are already in play. These forces stand ready to reformulate a broken patent system in the crucible of high conservative ideals.
Two places to look for trends in this direction are a set of still-pending constitutional challenges, and one powerful sweeping piece of legislation. 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). And 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.
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https://www.ipwatchdog.com/2017/01/30/conservative-ideology-rebuild-patent-system/id=77717/