[20180523]LSB10137_最高法院驳回对专利申请的“部分”行政审查.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Strikes Down “Partial” Administrative Reviews of Patent Claims May 23, 2018 In SAS Institute, Inc. v. Iancu, the U.S. Supreme Court concluded that the Director of the U.S. Patent and Trademark Office (USPTO) has no authority to limit administrative review of previously issued patent claims to only some of the claims challenged by a private party. The Court held that once the USPTO Director (Director) chooses to institute an “inter partes review” (IPR) of patent claims, he must decide the patentability of all claims challenged in the private partys original petition requesting IPR. This Sidebar discusses the cases background, the Courts decision, and its implications for the patent system. Background A patent is a type of intellectual property granted by the federal government pursuant to Congresss constitutional authority to promote and reward scientific and technological progress. Patents offer individuals, companies, and institutions economic incentives to engage in research and development activities that may lead to innovative designs and processes. Patent holders enjoy an ex