USPTO Establishes Equal AIA Eligibility Standards for U.S. and Foreign Governments in Precedential Ruling

On March 18, 2026, the United States Patent and Trademark Office (USPTO) Director issued a precedential decision in the case of Tianma Microelectronics Co., Ltd. v. LG Display Co., Ltd., addressing the eligibility of sovereign entities to participate as petitioners or real parties in interest (RPI) in inter partes review (IPR) and post-grant review (PGR) proceedings under the America Invents Act (AIA).

The Director’s ruling draws heavily on the Supreme Court’s 2019 decision in Return Mail, Inc. v. United States Postal Service, 587 U.S. 618 (2019), which clarified that the United States government is not considered a "person" under the AIA. Extending this principle, the Director held that foreign governments are similarly excluded from qualifying as petitioners or RPIs in AIA proceedings.

This decision establishes that all sovereign entities—whether the United States government or foreign governments—are treated equally under the AIA’s eligibility framework. None are deemed "persons" capable of initiating or maintaining IPR or PGR proceedings.

In the Tianma Microelectronics case, the Director denied institution of review after evaluating evidence presented by the patent owner. The patent owner submitted sufficient proof to cast doubt on whether the petition had properly identified all RPIs and whether any RPI was a foreign government or an entity controlled by a foreign government.

The petitioner failed to rebut this evidence or meet its burden to demonstrate that it had named all RPIs and that none was a foreign government or controlled by one. Consequently, the Director exercised broad discretion to deny institution, reinforcing the principle that sovereign governments cannot be petitioners or RPIs.

This ruling clarifies a critical procedural aspect of AIA proceedings, ensuring that sovereign immunity considerations are uniformly applied regardless of the government’s nationality.

By placing all sovereigns on equal footing, the USPTO aims to maintain consistency and fairness in patent review processes, preventing potential jurisdictional conflicts or abuses of the review system.

The decision is expected to impact future petitions involving government-affiliated entities, requiring careful scrutiny of the parties’ status to confirm compliance with AIA eligibility requirements.