3.0.0 5478 2022-10-28T01:46:16Z 2022-10-28T01:46:16Z House HR 2019-12-18 116 [Congressional Record Volume 165, Number 205 (Wednesday, December 18, 2019)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. DANNY K. DAVIS of Illinois:H.R. 5478.Congress has the power to enact this legislation pursuantto the following:Article I of the Constitution and its subsequent amendmentsand further clarified and interpreted by the Supreme Court ofthe United States.[Page H12210]]]> hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Referred to 2020-01-28T14:46:44Z Referred to 2019-12-18T14:00:16Z 2020-01-28 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. Committee 2019-12-18 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2019-12-18 Introduced in House IntroReferral Intro-H 9 Library of Congress 2019-12-18 Introduced in House IntroReferral 1000 9 Library of Congress D000096 Rep. Davis, Danny K. [D-IL-7] DANNY DAVIS D IL K. 7 N G000565 Rep. Gosar, Paul A. [R-AZ-4] Paul Gosar R AZ A. 4 2019-12-18 True Commerce Administrative remedies Civil actions and liability Department of Commerce Intellectual property Judicial procedure and administration Jurisdiction and venue Legal fees and court costs Research and development Commerce 00 2019-12-18 Introduced in House 2020-10-16T14:20:21Z Inventor Rights Act

This bill establishes additional protections for a patent owned by the inventor of the patented invention or an entity controlled by that inventor.

The U.S. Patent and Trademark Office shall not reexamine or review an inventor-owned patent after issuance without the owner's consent.

For venue purposes, a lawsuit involving an inventor-owned patent may be brought in the judicial district where (1) the inventor conducted research or development on the patented invention; or (2) a party has a regular and established facility engaged in research, development, or manufacturing related to the patented invention. Currently, a patent lawsuit generally must be filed where the defendant has a regular and established place of business.

The bill also makes it easier for the owner of an inventor-owned patent to secure an injunction after a court finds patent infringement, by establishing a presumption that (1) further infringement would cause irreparable injury, and (2) remedies available at law are inadequate to compensate for that injury. Currently, the patent owner must establish these factors to get an injunction.

If a court finds that an inventor-owned patent has been infringed, the patent owner may elect to recover the infringer's profits stemming from the infringement, whereas, currently, a patent owner is generally entitled to compensation for the injury caused by the infringement. If the infringement was willful, the court may award triple damages. If the patent owner elects to recover damages under this bill, the owner shall receive attorney's fees that exceed 10% of the damages award.

]]> Inventor Rights Act Display Title Inventor Rights Act Official Title as Introduced To amend title 35, United States Code, restore patent rights to inventors, and for other purposes. Introduced in House IH Short Title(s) as Introduced Inventor Rights Act Introduced in House IH Introduced in House 2019-12-18T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr5478ih/xml/BILLS-116hr5478ih.xml 2020-01-28 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.