Court Applies ‘Chevron’ Deference to Patent Law in ‘Fractured’

First, by statute, the U.S. Patent and Trademark Office (USPTO) has no substantive law making authority. 35 U.S.C. Section 2(b)(2)(A) allows the USPTO to “establish regulations, not inconsistent with law, which … shall govern the conduct of proceedings in the office.” Rules pertaining to proper filing of a …