Legis Daily

STRONGER Patents Act of 2019

USA116th CongressS-2082| Senate 
| Updated: 7/10/2019
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (5)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Tom Cotton (Republican)Kevin Cramer (Republican)John Kennedy (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Support Technology and Research for Our Nation's Growth and Economic Resilience Patents Act of 2019 or the STRONGER Patents Act of 2019 This bill 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. This bill 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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 10, 2019
Introduced in Senate
Jul 10, 2019
Read twice and referred to the Committee on the Judiciary.
Jul 30, 2019

Latest Companion Bill Action

HR 116-3666
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
  • July 10, 2019
    Introduced in Senate


  • July 10, 2019
    Read twice and referred to the Committee on the Judiciary.


  • July 30, 2019

    Latest Companion Bill Action

    HR 116-3666
    Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Commerce

Related Bills

  • HR 116-3666: STRONGER Patents Act of 2019
  • HR 116-108: Targeting Rogue and Opaque Letters Act of 2019
Administrative remediesCivil actions and liabilityCongressional oversightDepartment of CommerceEmployment and training programsEvidence and witnessesExecutive agency funding and structureFederal district courtsFederal preemptionFederal Trade Commission (FTC)Fraud offenses and financial crimesGovernment information and archivesGovernment trust fundsHigher educationIntellectual propertyJudgesJudicial procedure and administrationJudicial review and appealsLicensing and registrationsProperty rightsSmall businessState and local government operationsUser charges and fees

STRONGER Patents Act of 2019

USA116th CongressS-2082| Senate 
| Updated: 7/10/2019
Support Technology and Research for Our Nation's Growth and Economic Resilience Patents Act of 2019 or the STRONGER Patents Act of 2019 This bill 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. This bill 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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 10, 2019
Introduced in Senate
Jul 10, 2019
Read twice and referred to the Committee on the Judiciary.
Jul 30, 2019

Latest Companion Bill Action

HR 116-3666
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
  • July 10, 2019
    Introduced in Senate


  • July 10, 2019
    Read twice and referred to the Committee on the Judiciary.


  • July 30, 2019

    Latest Companion Bill Action

    HR 116-3666
    Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (5)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Tom Cotton (Republican)Kevin Cramer (Republican)John Kennedy (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 116-3666: STRONGER Patents Act of 2019
  • HR 116-108: Targeting Rogue and Opaque Letters Act of 2019
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesCivil actions and liabilityCongressional oversightDepartment of CommerceEmployment and training programsEvidence and witnessesExecutive agency funding and structureFederal district courtsFederal preemptionFederal Trade Commission (FTC)Fraud offenses and financial crimesGovernment information and archivesGovernment trust fundsHigher educationIntellectual propertyJudgesJudicial procedure and administrationJudicial review and appealsLicensing and registrationsProperty rightsSmall businessState and local government operationsUser charges and fees