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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Pretty much the bedrock of the federal government’s ability to implement laws into regulations.

Judges are new policymakers. Did you ever expect this when you studied Chevron in law school?

https://www.nytimes.com/2024/01/17/us/supreme-court-chevron-case.html?unlocked_article_code=1.Ok0.wcXh.XpnPeh6hJGP8&smid=nytcore-ios-share&referringSource=articleShare[/quote]

So will this also do away with patent protection and trade marks? [/quote]

Patents and Copyrights are literally in the constitution (the IP Clause). Trademarks are protected under state and federal law.  The US Patent and Trademark Office is a federal agency and could be affected if Chevron is overturned but patent protection itself isn’t going anywhere. [/quote]

Congress's power to grant patents and copyrights is in the constitution.  But Congress has to pass legislation to do it, just like it has to do when it is setting up administrative agencies.  The PTO has rule making authority just like most administrative agencies, and they get Chevron deference just like them.  So if Chevron is overruled, it will give courts more power to second-guess PTO's rules and may lead to less (or more) patent protection depending on the political whims of the judges.[/quote]

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