Intellectual Property Policy and Politics: An Update on Legislation, Rulemaking and the Supreme Court *

Intellectual Property Policy and Politics: An Update on Legislation, Rulemaking and the Supreme Court *

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The 2024 election is in full swing. Some in Congress, such as Senator Chris Coons (D-DE) and Senator Thom Tillis (R-NC), continue to try and get patent eligibility reform (PERA) and PTAB reform (PREVAIL) across the finish line. And the much anticipated RESTORE Act, which would overrule eBay and restore the presumption that an injunction is an appropriate remedy for a victorious patent owner has finally been introduced. Meanwhile, the USPTO has been extremely busy with a series of rulemaking proposals. And, on top of everything else, the Supreme Court has overruled Chevron, which has the potential to shift power away from agencies and back to Congress.

This panel will discuss what is going on behind the scenes on both the legislation and rulemaking fronts, and will specifically address the question about the impact the overruling of Chevron will have for agencies with intellectual property responsibilities.

Materials

The Administrative Procedure Act and Its Impact on Intellectual Property

Understanding the Differences Between the USPTO’s ANPRM and the PREVAIL Act

Survey

https://www.surveymonkey.com/r/Intellectual-Property-Policy-and-Politics