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Restoring America’s Leadership in Innovation Act of 2021

USA117th CongressHR-5874| House 
| Updated: 11/1/2022
Thomas Massie

Thomas Massie

Republican Representative

Kentucky

Cosponsors (26)
Dusty Johnson (Republican)Doug LaMalfa (Republican)Bob Good (Republican)Paul A. Gosar (Republican)Chip Roy (Republican)Barry Moore (Republican)Marjorie Taylor Greene (Republican)Alexander X. Mooney (Republican)Warren Davidson (Republican)Thomas P. Tiffany (Republican)Lance Gooden (Republican)Ken Buck (Republican)Tom McClintock (Republican)Pete Sessions (Republican)Barry Loudermilk (Republican)Jodey C. Arrington (Republican)Pat Fallon (Republican)W. Gregory Steube (Republican)Michael Cloud (Republican)Lauren Boebert (Republican)Byron Donalds (Republican)Matt Gaetz (Republican)Bill Posey (Republican)Ralph Norman (Republican)Louie Gohmert (Republican)Jaime Herrera Beutler (Republican)

Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee, Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Restoring America's Leadership in Innovation Act of 2021 This bill revises several aspects of patent law. The bill changes the U.S. patent system back to a first-to-invent system, in which the first inventor to conceive of an invention is entitled to a patent. Currently, the first person to file an application that meets all the necessary requirements is entitled to the patent. Several types of administrative patent challenge proceedings are abolished, as well as the Patent and Trademark Office (PTO) body that decides those proceedings. The bill relaxes the standard for what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity or that exist solely in the human mind. The bill also makes it easier for a patent owner that has won an infringement case in court to secure a permanent injunction against the infringing defendant. Specifically, there shall be a presumption that further infringement would cause irreparable harm to the prevailing patent owner, and the burden shall be on the infringer to prove otherwise. (Currently, a prevailing patent owner seeking a permanent injunction must prove, among other things, that further infringement would cause irreparable harm.) The bill limits what types of publications shall be treated as prior art that could be used to make an invention be considered to be anticipated or obvious (and therefore not patentable). The bill authorizes the PTO to keep and spend all the fees that it collects.
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Timeline

Bill from Previous Congress

HR 116-7366
Restoring America’s Leadership in Innovation Act of 2020
Nov 4, 2021
Introduced in House
Nov 4, 2021
Referred to the House Committee on the Judiciary.
Nov 1, 2022
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
  • Bill from Previous Congress

    HR 116-7366
    Restoring America’s Leadership in Innovation Act of 2020


  • November 4, 2021
    Introduced in House


  • November 4, 2021
    Referred to the House Committee on the Judiciary.


  • November 1, 2022
    Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Commerce

Restoring America’s Leadership in Innovation Act of 2021

USA117th CongressHR-5874| House 
| Updated: 11/1/2022
Restoring America's Leadership in Innovation Act of 2021 This bill revises several aspects of patent law. The bill changes the U.S. patent system back to a first-to-invent system, in which the first inventor to conceive of an invention is entitled to a patent. Currently, the first person to file an application that meets all the necessary requirements is entitled to the patent. Several types of administrative patent challenge proceedings are abolished, as well as the Patent and Trademark Office (PTO) body that decides those proceedings. The bill relaxes the standard for what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity or that exist solely in the human mind. The bill also makes it easier for a patent owner that has won an infringement case in court to secure a permanent injunction against the infringing defendant. Specifically, there shall be a presumption that further infringement would cause irreparable harm to the prevailing patent owner, and the burden shall be on the infringer to prove otherwise. (Currently, a prevailing patent owner seeking a permanent injunction must prove, among other things, that further infringement would cause irreparable harm.) The bill limits what types of publications shall be treated as prior art that could be used to make an invention be considered to be anticipated or obvious (and therefore not patentable). The bill authorizes the PTO to keep and spend all the fees that it collects.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

HR 116-7366
Restoring America’s Leadership in Innovation Act of 2020
Nov 4, 2021
Introduced in House
Nov 4, 2021
Referred to the House Committee on the Judiciary.
Nov 1, 2022
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
  • Bill from Previous Congress

    HR 116-7366
    Restoring America’s Leadership in Innovation Act of 2020


  • November 4, 2021
    Introduced in House


  • November 4, 2021
    Referred to the House Committee on the Judiciary.


  • November 1, 2022
    Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Thomas Massie

Thomas Massie

Republican Representative

Kentucky

Cosponsors (26)
Dusty Johnson (Republican)Doug LaMalfa (Republican)Bob Good (Republican)Paul A. Gosar (Republican)Chip Roy (Republican)Barry Moore (Republican)Marjorie Taylor Greene (Republican)Alexander X. Mooney (Republican)Warren Davidson (Republican)Thomas P. Tiffany (Republican)Lance Gooden (Republican)Ken Buck (Republican)Tom McClintock (Republican)Pete Sessions (Republican)Barry Loudermilk (Republican)Jodey C. Arrington (Republican)Pat Fallon (Republican)W. Gregory Steube (Republican)Michael Cloud (Republican)Lauren Boebert (Republican)Byron Donalds (Republican)Matt Gaetz (Republican)Bill Posey (Republican)Ralph Norman (Republican)Louie Gohmert (Republican)Jaime Herrera Beutler (Republican)

Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee, Judiciary Committee

Commerce

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted