3.0.0 2891 2023-08-30T17:45:21Z 2023-08-30T17:45:21Z Senate S 2021-09-29 117 ssju00 Judiciary Committee Senate Standing Referred to 2021-09-29T18:13:45Z 2021-09-29 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6782-6783) IntroReferral 2021-09-29 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2021-09-29 True C000880 Sen. Crapo, Mike [R-ID] Mike Crapo R ID 2021-10-04 False K000367 Sen. Klobuchar, Amy [D-MN] Amy Klobuchar D MN 2021-10-18 False B001277 Sen. Blumenthal, Richard [D-CT] Richard Blumenthal D CT 2021-10-18 False R000584 Sen. Risch, James E. [R-ID] James Risch R ID E. 2021-12-17 False Commerce Commerce 00 2021-09-29 Introduced in Senate 2023-08-30T17:37:54Z Restoring the America Invents Act

This bill modifies various provisions related to administrative patent validity review proceedings conducted before the Patent Trial and Appeal Board (PTAB), a body within the Patent and Trademark Office (PTO).

For example, the bill

  • expands the scope of inter partes reviews (IPRs), one type of such review proceedings, by allowing challenges to a patent's validity based on statutory or obviousness-type double patenting grounds;
  • authorizes the PTO director to review, modify, or set aside final PTAB decisions;
  • authorizes governmental entities to file IPRs and post-grant reviews (PGRs), a related type of patent review proceeding;
  • requires the PTO to institute an IPR (i.e., a decision to proceed with the full IPR proceeding) if there's a reasonable likelihood that the petitioner will prevail, subject to limited exceptions;
  • establishes in statute factors for a court to consider when deciding a request to stay a patent infringement lawsuit involving a patent subject to a pending IPR or PGR;
  • modifies provisions related to the joinder of parties and handling of multiple proceedings involving the same patent before the PTO; and
  • modifies provisions relating to the time limitation for filing an IPR, including by establishing that a lawsuit dismissed without prejudice does not trigger the time limitation (generally, a petitioner wishing to file an IPR must do so within one year of being served a lawsuit alleging infringement of the patent).
]]> Restoring the America Invents Act Display Title Restoring the America Invents Act Official Title as Introduced A bill to amend title 35, United States Code, to address matters relating to the Patent Trial and Appeal Board of the United States Patent and Trademark Office, and for other purposes. Introduced in Senate IS Short Title(s) as Introduced Restoring the America Invents Act Introduced in Senate IS Introduced in Senate 2021-09-29T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-117s2891is/xml/BILLS-117s2891is.xml 2021-09-29 Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6782-6783) 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.