On June 10, 2019, the U.S. Supreme Court overturned the Court of Appeals for the Federal Circuit in Return Mail, Inc. v. United States Postal Service,[1] in which the Court held that the Government was not a “person” for definitions of the America Invents Act (AIA). The case originates from Return Mail’s patent, U.S. Patent …
Category: PGR
Rule Change for PTAB Post-Grant Claim Construction
On October 11, 2018, the USPTO published in the Federal Register a rule change, 83 F.R. 51340, to take effect today, November 13, 2018. For all AIA post-grant petitions (IPRs, PGRs, and CBMs) filed on or after this date, the broadest reasonable interpretation (BRI) standard will no longer be used in claim construction for these …
SCOTUS Watch: Is the U.S. Government a Person?
An interesting question has been presented to the U.S. Supreme Court when it granted a writ of certiorari on October 26, 2018. That is, is the United States Government, through one of its agencies, a “person” for purposes of the America Invents Act (AIA), the most recent Patent Act from 2012. The case, Return Mail …