US Congress Senate Bill 2082 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on July 10 2019 - 25% progression, died in committee
Action: 2019-07-10 - Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [PDF]

Makes several patent-related changes, including with respect to how the U.S. Patent and Trademark Office (USPTO) conducts administrative patent validity reviews. When deciding inter partes reviews (IPRs) and post-grant reviews (PGRs), the USPTO's Patent Trial and Appeal Board (PTAB) shall give patent claim terms their ordinary and customary meanings as understood by a person of ordinary skill in the relevant art (the same standard used in court). If a court has already construed a patent claim, the USPTO shall consider that construction. The bill makes various changes relating to such proceedings, such as by (1) raising the burden of proof to invalidate a patent claim; (2) establishing that a challenged patent claim is presumed valid; (3) imposing standing requirements as to who may file an IPR or PGR, where none currently exist except for some timing requirements; (4) restricting when multiple challenges may be filed against the same patent; and (5) limiting IPRs and PGRs when a court or the International Trade Commission has ruled on the obviousness or novelty of the same patent claims. also (1) makes it easier to get an injunction after a court finding of the infringement of a valid patent, by a presumption that further infringement would cause irreparable injury and the remedies available at law are inadequate; (2) authorizes the USPTO to keep and spend the fees that it collects; and (3) makes bad faith patent demand letters an unfair or deceptive act in violation of the Federal Trade Commission Act.

STRONGER Patents Act of 2019 Support Technology and Research for Our Nation’s Growth and Economic Resilience Patents Act of 2019

Sen. Christopher Coons [D-DE]	Sen. Tom Cotton [R-AR]	Sen. Richard Durbin [D-IL]	Sen. Mazie Hirono [D-HI]
Sen. John Kennedy [R-LA]	Sen. Kevin Cramer [R-ND]

Date	Chamber	Action
2019-07-10	Senate	Read twice and referred to the Committee on the Judiciary.

HB108 (Related) 2019-01-25 - Referred to the Subcommittee on Consumer Protection and Commerce.
HB3666 (Same As) 2019-07-30 - Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Type	Source
Summary	https://www.congress.gov/bill/116th-congress/senate-bill/2082/all-info
Text	https://www.congress.gov/116/bills/s2082/BILLS-116s2082is.pdf