On June 10, 2019, the Supreme Court of the United States (SCOTUS) found in the matter of Return Mail Inc. v. United States Postal Service that “a federal agency is not a ‘person’ who may petition for post-issuance review” of an issued patent under the America Invents Act (AIA).
The decision prevents the U.S. government from petitioning the PTAB to review issued patents through inter partes reviews (IPRs), post-grant reviews (PGRs), and covered business method reviews (CBMs).