Supreme Court rejects Google challenge to US patent agency review policy
The Supreme Court declined to hear Google's appeal of a policy that makes the US Patent and Trademark Office more likely to reject review requests for patents in force for more than six years. Google argued the policy exceeded the agency's authority.
1. Court declines appeal
The Supreme Court declined to hear Google's challenge to the patent office's “settled expectations” policy, leaving in place a lower court ruling against the company. Google had sought review of the agency's refusal to reconsider its petition challenging a VirtaMove patent, which VirtaMove accused Google of infringing.
2. Policy and patent reviews
The Patent Trial and Appeal Board has become more likely to reject requests to review patents that have been in force for more than six years. Google argued in a filing that the policy creates an artificial time limit and expands patent rights beyond what Congress provided; the Trump administration urged the court not to hear the appeal.
3. Review rates fall
The percentage of patent reviews taken up by the board fell to 37% in 2026 under patent office head John Squires, compared with 65% under his predecessor Kathi Vidal, according to an April agency report. Google, Apple and Intel have also challenged a related patent office policy in a separate case; the Federal Circuit ruled against them in February, and Intel and Google have asked the Supreme Court to hear it.
