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Brief for the R Street Institute as Amicus Curiae in Support of Respondents
Return Mail, Inc. v. U.S. Postal Serv., 139 S. Ct. 1853 (2019)
  • Charles Duan
Document Type
Amicus Brief
Publication Date
1-1-2019
Abstract

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.

Citation Information
Charles Duan. "Brief for the R Street Institute as Amicus Curiae in Support of Respondents" Return Mail, Inc. v. U.S. Postal Serv., 139 S. Ct. 1853 (2019) (2019)
Available at: http://works.bepress.com/charles-duan/11/