Document Type

Amicus Brief

Publication Date


Case Name

Return Mail, Inc. v. U.S. Postal Serv., 139 S. Ct. 1853 (2019)


The government and its agencies should be treated as a “person” that may petition to institute post-issuance review proceedings under the America Invents Act, for two reasons. First, permitting the government to seek review of patents under these proceedings best realizes the intent of Congress to make those proceedings widely available. Second, compared to the government’s alternative option for administratively challenging patents, AIA post-issuance review better serves important norms of procedure and governance, including transparency, due process, and separation of functions.