In Return Mail, Inc. v. USPS, 139 S. Ct. 1853 (2019), the U.S. Supreme Court held that a federal agency is not considered a "person" for purposes of seeking review of the validity of a patent under the Leahy-Smith America Invents Act of 2011 ("AIA"), 35 U.S.C. §§ 1 et seq. The AIA, enacted on September 16, 2011, changed the patent system from a first-to-invent to a first-inventor-to-file system. The transition to a first-to-file system took place over a period of approximately 18 months.
The AIA also created the Patent Trial and Appeal Board and established three types of administrative review proceedings before the Board. See 35 U.S.C. § 6. The reviews include an "inter partes review," a "post-grant review," and a "covered-business-method" ("CBM") review. See id. §§ 311, 321.Read More