Return Mail, Inc. v. United States Postal Service, U.S., No. 17-1594, amicus brief supporting a petition for certiorari, filed 12/17/2018.
The Federal Circuit erroneously held that the government is a “person” under 35 U.S.C. §321(a) for purposes of petitioning the Patent Trial and Appeal Board to review the validity of a patent in a covered business method proceeding, AIPLA argued to the Supreme Court in a December 17, 2018 amicus brief.
The brief cited case law and the Dictionary Act at 1 U.S.C. 1 for the position that the word “person,” absent an “affirmative showing of statutory intent to the contrary,” excludes the government and its agencies.
It notes that the Patent Act expressly names the government in 35 U.S.C. §207 to establish its status as a patent owner, and that the same explicit reference should be required for it to be eligible to use the AIA post-grant processes to review patent validity.
Upcoming Events
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2026 Trade Secret Summit
April 23 to 24, 2026 | CLE Pending
The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. -
World IP Day 2026
April 29, 2026 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on April 29 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2026. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Sports: Ready, Set, Innovate.” -
2026 Advanced Chemical & Biotech Patent Institute
May 11 to 12, 2026 | CLE calculations pending
The Advanced Chemical & Biotech Patent Institute is an in-depth continuing legal education program tailored specifically for experienced patent practitioners in the chemical and biotech fields. This advanced course offers a comprehensive view from both prosecution and litigation perspectives, covering crucial topics relevant to practice in the U.S. and internationally. Elevate your practice and stay ahead in the dynamic fields of Chemical and Biotech patent law. -
2026 Spring Meeting - San Francisco, CA
May 13 to 15, 2026
We’re excited to welcome you to the 2026 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. San Francisco is ready for your ideas, energy, and passion for IP! -
AIPLA 2026 Annual Meeting
October 29 to 31, 2026
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2026 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 28. Programming scheduled October 29 - 31.