Abstract

Through various review proceedings, the U.S. Patent and Trademark Office may reconsider its decision to grant a patent application and may rescind a patent that it concludes was awarded erroneously. Such patents — ones that never should have been granted — can have significant obstructive effects on private enterprise and government programs alike. The question presented in this case asks whether federal agencies, like private parties, can ask the Patent Office to review potentially invalid patents. The answer must be yes.

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