Supreme Court of the United States

Sperry v. Florida ex rel. Florida Bar

May 27, 1963373 U.S. 379

Summary

Chief Justice Warren delivered the unanimous opinion holding that Florida could not prohibit a federally registered nonlawyer patent practitioner from performing services reasonably necessary and incident to preparing and prosecuting patent applications before the Patent Office. Federal law and regulations authorized that practice without conditioning it on state bar admission, and the Supremacy Clause displaced inconsistent state licensing requirements. The Court also rejected challenges based on Congress’s enumerated powers, the Tenth Amendment, and improper delegation. It vacated the injunction and remanded, leaving the precise boundaries of authorized patent practice unresolved. There were no separate opinions.

Holding

  • Whether federal authorization to practice before the Patent Office preempts inconsistent state bar admission requirements.. Florida may not prohibit a federally registered nonlawyer practitioner from performing services reasonably necessary and incident to preparing and prosecuting patent applications before the Patent Office.
  • Whether federal authorization of patent practice exceeds Congress’s powers or violates the Tenth Amendment.. Congress constitutionally may authorize competent persons to assist with patent applications even when that authorization displaces state regulation of legal practice.
  • Whether Congress improperly delegated authority over admission to Patent Office practice.. Section 31 contains sufficient standards to guide the Patent Office’s admissions policy and does not improperly delegate congressional power.

Docket 322

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