S 2891 · 117th Congress · Commerce

Restoring the America Invents Act

Introduced 2021-09-29· Sponsored by Sen. Leahy, Patrick J. [D-VT]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6782-6783)(2021-09-29)

Plain Language Summary

[AI summary unavailable — showing source text] 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 t…

Summarized by Claude AI · Non-partisan · For informational purposes only

Cosponsors (5)

2 Democrats3 Republicans