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- Title
HOW JUDICIAL REVIEW PROMOTES A "THRYVING" PATENT SYSTEM.
- Authors
Griggs, Angela Chen
- Abstract
The article discusses that reviewing courts should not grant administrative deference to the US Patent and Trademark Office (PTO) because the agency is not charged with interpreting rules passed by Congress. A contract law theory can help view the role of the PTO and provides a way for private law mechanisms to justify judicial review of the PTO/Patent Trial and Appeal Board, which helps solve problems of unfair strategic gaming and leads to a stable patent system.
- Subjects
JUDICIAL review; CONTRACTS; CIVIL law; UNITED States. Patent &; Trademark Office; UNITED States. Congress
- Publication
Berkeley Technology Law Journal, 2021, Vol 36, Issue 4, p1341
- ISSN
1086-3818
- Publication type
Article
- DOI
10.15779/Z386D5PC21