This episode is about a United States Court of Appeals for the Federal Circuit opinion, decided on October 3, 2025, concerning the case of US Inventor, Inc. v. United States Patent and Trademark Office (PTO). The core issue of the appeal was whether the plaintiffs-appellants, US Inventor, Inc. and National Small Business United, had standing to sue the PTO for denying their petition for rulemaking. This petition sought to limit the PTO’s discretionary authority to institute inter partes review (IPR) and post-grant review (PGR) proceedings under the America Invents Act (AIA). The Federal Circuit affirmed the district court’s dismissal, concluding that the appellants lacked associational standing because the alleged injury—the increased risk of patent cancellation—was based on a highly speculative chain of future events involving third parties. Consequently, the court found that the plaintiffs failed to demonstrate a non-speculative injury in fact required for standing under Article III of the U.S. Constitution.

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