The "Restoring America's Leadership in Innovation Act of 2025" aims to significantly reform the United States patent system, asserting that recent changes have harmed innovation. It seeks to restore the patent system to its constitutional intent by repealing several key provisions of the 2011 Leahy-Smith America Invents Act (AIA). This includes reverting from a "first-to-file" system back to a "first-to-invent" system, which grants patent rights to the first to conceive and diligently reduce an invention to practice, and reinstating a one-year grace period for inventors before filing an application. A major focus of the bill is the abolition of administrative patent challenges introduced by the AIA, specifically repealing inter partes review and post-grant review proceedings. Consequently, it abolishes the Patent Trial and Appeal Board (PTAB) , replacing it with the former Board of Patent Appeals and Interferences (BPAI). The BPAI would primarily review adverse decisions of examiners and determine priority in interferences, but would not invalidate issued patents except in ex parte reexamination. The legislation explicitly restores patents as a private property right , asserting they should only be revoked by a court ruling unless the owner consents. It also clarifies patent eligibility under Section 101, aiming to ensure that scientific discoveries and software inventions are patentable by abrogating Supreme Court decisions that narrowed eligibility, such as *Alice Corp. v. CLS Bank International*. Further provisions include ending the automatic publication of patent applications , requiring publication only upon the applicant's request, to prevent early disclosure from creating prior art or aiding competitors. The bill strengthens the presumption of validity for issued patents in all proceedings, requiring clear and convincing evidence to establish invalidity, and mandates that the patent term be tolled during validity challenges. Additionally, it establishes a United States Patent and Trademark Office Innovation Promotion Fund , a revolving fund ensuring all collected fees are available to the USPTO, eliminating fee diversion. To enhance enforcement, the bill amends patent law to create a presumption of irreparable harm upon a finding of infringement, making it easier for patent owners to obtain permanent injunctions and abrogating the Supreme Court's ruling in *eBay v. MercExchange*. Finally, the bill repeals the AIA's elimination of the "best mode" requirement , effectively restoring the obligation for inventors to disclose the best way of carrying out their invention.
Restoring America’s Leadership in Innovation Act of 2024
Introduced in House
Referred to the House Committee on the Judiciary.
Commerce
Restoring America’s Leadership in Innovation Act of 2025
USA119th CongressHR-5811| House
| Updated: 10/24/2025
The "Restoring America's Leadership in Innovation Act of 2025" aims to significantly reform the United States patent system, asserting that recent changes have harmed innovation. It seeks to restore the patent system to its constitutional intent by repealing several key provisions of the 2011 Leahy-Smith America Invents Act (AIA). This includes reverting from a "first-to-file" system back to a "first-to-invent" system, which grants patent rights to the first to conceive and diligently reduce an invention to practice, and reinstating a one-year grace period for inventors before filing an application. A major focus of the bill is the abolition of administrative patent challenges introduced by the AIA, specifically repealing inter partes review and post-grant review proceedings. Consequently, it abolishes the Patent Trial and Appeal Board (PTAB) , replacing it with the former Board of Patent Appeals and Interferences (BPAI). The BPAI would primarily review adverse decisions of examiners and determine priority in interferences, but would not invalidate issued patents except in ex parte reexamination. The legislation explicitly restores patents as a private property right , asserting they should only be revoked by a court ruling unless the owner consents. It also clarifies patent eligibility under Section 101, aiming to ensure that scientific discoveries and software inventions are patentable by abrogating Supreme Court decisions that narrowed eligibility, such as *Alice Corp. v. CLS Bank International*. Further provisions include ending the automatic publication of patent applications , requiring publication only upon the applicant's request, to prevent early disclosure from creating prior art or aiding competitors. The bill strengthens the presumption of validity for issued patents in all proceedings, requiring clear and convincing evidence to establish invalidity, and mandates that the patent term be tolled during validity challenges. Additionally, it establishes a United States Patent and Trademark Office Innovation Promotion Fund , a revolving fund ensuring all collected fees are available to the USPTO, eliminating fee diversion. To enhance enforcement, the bill amends patent law to create a presumption of irreparable harm upon a finding of infringement, making it easier for patent owners to obtain permanent injunctions and abrogating the Supreme Court's ruling in *eBay v. MercExchange*. Finally, the bill repeals the AIA's elimination of the "best mode" requirement , effectively restoring the obligation for inventors to disclose the best way of carrying out their invention.