US Supreme Court rejects Google challenge to patent review policy

The US Supreme Court has declined to hear a challenge by Alphabet’s Google regarding a US Patent and Trademark Office (USPTO) policy. The dispute centered on the “settled expectations” rule, which makes the Patent Trial and Appeal Board more likely to reject requests to review patents that have been in force for more than six years.

Google sought to overturn the policy following a patent infringement accusation by software company VirtaMove. The tech giant argued that the USPTO lacked the authority to implement such a time-based restriction without Congressional approval and that the rule could unfairly expand patent protections.

By refusing to review the case, the Supreme Court leaves in place a lower court decision upholding the agency's policy. This decision maintains a framework that has seen a decrease in the percentage of patent reviews accepted by the board, a trend noted in recent agency reports.