Restoring the America Invents Act
Summary
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).
Bill status
in committee
1 of 4 stages cleared
Introduction
Sep 2021
Committee Review
Floor Vote
President
Introduced Sep 29, 2021
Last action Sep 29, 2021
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
2
Key actions
0
Committee
1
Sep 29, 2021
Committee
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6782-6783)
upper
Sep 29, 2021
Introduced
Introduced in Senate
upper
1 primary · 5 co-sponsors
Sponsors
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