US HB5478 | 2019-2020 | 116th Congress

Status

Spectrum: Bipartisan Bill
Status: Introduced on December 18 2019 - 25% progression, died in committee
Action: 2020-01-28 - Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Pending: House Subcommittee on Courts, Intellectual Property, And The Internet Committee
Text: Latest bill text (Introduced) [PDF]

Summary

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.

Tracking Information

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Title

Inventor Rights Act

Sponsors


History

DateChamberAction
2020-01-28HouseReferred to the Subcommittee on Courts, Intellectual Property, and the Internet.
2019-12-18HouseReferred to the House Committee on the Judiciary.
2019-12-18HouseIntroduced in House

Subjects


US Congress State Sources


Bill Comments

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