Bloomberg Law
June 10, 2019, 2:15 PMUpdated: June 10, 2019, 10:13 PM

High Court Shuts Patent Office Door on Government Challenges (1)

Malathi Nayak
Malathi Nayak

The U.S. Supreme Court has blocked federal agencies from challenging patents at the Patent and Trademark Office, in a decision that attorneys say will have a far-reaching impact.

The justices overturned a U.S. Court of Appeals for the Federal Circuit decision that the U.S. Postal Service could challenge a patent at the agency. The ruling sets a precedent by clarifying that the government isn’t a “person” eligible to use administrative patent challenge proceedings under the America Invents Act (AIA).

The 6-3 decision in Return Mail Inc. v. United States Postal Service “prevents any government agency from trying to go to ...

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