The U.S. Supreme Court declined on Monday to hear Google’s challenge to a U.S. Patent and Trademark Office policy that makes it more difficult to review older patents through the Patent Trial and Appeal Board. The justices left intact a lower-court decision rejecting Google’s attempt to force the agency to reconsider a patent held by software company VirtaMove. The decision keeps the USPTO’s “settled expectations” policy in place and could influence patent litigation across the technology sector.
The dispute centers on older patents
Under the policy, the PTAB is more likely to reject petitions seeking review of patents that have been in force for more than six years. The agency argues that long-standing patent rights create expectations that should receive greater weight.
Google says Congress never created that limit
Google argued that the rule effectively adds a time restriction that is not contained in the patent statute. The company said the agency should not be able to deny review simply because a patent has existed for several years.
VirtaMove’s lawsuit triggered the challenge
VirtaMove accused Google of patent infringement. Google then sought PTAB review of the patent, a common tactic for technology companies trying to invalidate patents asserted against them.
The PTAB has become central to tech litigation
Inter partes review allows companies to challenge patent validity in an administrative forum rather than relying entirely on federal court. Large technology companies frequently use the process because it can be faster and less expensive.
Acceptance rates have fallen
Reuters reported that the share of review petitions accepted by the PTAB has declined sharply under the current USPTO leadership, falling to about 37% in 2026 from 65% under the previous administration.
Patent owners favor greater certainty
Companies and inventors defending patents argue that rights should become more stable over time. Repeated validity challenges can make long-term licensing and investment planning more difficult.
Technology companies see litigation risk
Google and other major firms argue that restricting PTAB review could encourage patent holders to wait longer before filing lawsuits, knowing that older patents may receive additional procedural protection.
The Supreme Court gave no explanation
As is typical when denying review, the justices did not explain why they declined the case. The action does not endorse the USPTO policy on the merits, but it leaves the existing rule intact.
A separate challenge is still developing
Google and Intel are seeking Supreme Court review of another dispute involving a related USPTO policy. That means broader questions about agency discretion in patent reviews may return to the justices.
The ruling matters beyond Google
Any company facing patent infringement claims may have fewer options to attack older patents administratively. That could shift more disputes back into federal court and potentially increase settlement pressure.
Patent strategy is becoming more timing-sensitive
Companies may need to challenge questionable patents earlier rather than waiting until litigation begins. The practical effect of the “settled expectations” policy could therefore be to reward earlier monitoring of competitors’ patent portfolios.
Sources
- Reuters, Oct. 19, 2026
- U.S. Supreme Court docket and USPTO policy materials cited by Reuters
