Legis Daily

Balancing Incentives Act of 2025

USA119th CongressHR-5819| House 
| Updated: 10/24/2025
Marcy Kaptur

Marcy Kaptur

Democratic Representative

Ohio

Cosponsors (3)
Richard McCormick (Republican)Donald G. Davis (Democratic)Thomas Massie (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, known as the "Balancing Incentives Act of 2025," proposes a fundamental change to U.S. patent law by requiring the express consent of the patent owner before a petition for inter-partes review (IPR) or post-grant review (PGR) can be filed. It specifically amends sections 312(a) and 322(a) of Title 35, United States Code, to add this new prerequisite for initiating these administrative patent validity challenges. The legislation's primary impact would be to prevent third parties from unilaterally challenging a patent's validity through the Patent Trial and Appeal Board (PTAB) without the patent holder's agreement. This measure aims to grant patent owners greater control over whether their patents are subjected to these particular types of post-issuance reviews, thereby altering the current landscape of patent litigation and administrative challenges.
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Timeline

Bill from Previous Congress

HR 118-8132
Balancing Incentives Act of 2024
Oct 24, 2025
Introduced in House
Oct 24, 2025
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 118-8132
    Balancing Incentives Act of 2024


  • October 24, 2025
    Introduced in House


  • October 24, 2025
    Referred to the House Committee on the Judiciary.

Commerce

Balancing Incentives Act of 2025

USA119th CongressHR-5819| House 
| Updated: 10/24/2025
This bill, known as the "Balancing Incentives Act of 2025," proposes a fundamental change to U.S. patent law by requiring the express consent of the patent owner before a petition for inter-partes review (IPR) or post-grant review (PGR) can be filed. It specifically amends sections 312(a) and 322(a) of Title 35, United States Code, to add this new prerequisite for initiating these administrative patent validity challenges. The legislation's primary impact would be to prevent third parties from unilaterally challenging a patent's validity through the Patent Trial and Appeal Board (PTAB) without the patent holder's agreement. This measure aims to grant patent owners greater control over whether their patents are subjected to these particular types of post-issuance reviews, thereby altering the current landscape of patent litigation and administrative challenges.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

HR 118-8132
Balancing Incentives Act of 2024
Oct 24, 2025
Introduced in House
Oct 24, 2025
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 118-8132
    Balancing Incentives Act of 2024


  • October 24, 2025
    Introduced in House


  • October 24, 2025
    Referred to the House Committee on the Judiciary.
Marcy Kaptur

Marcy Kaptur

Democratic Representative

Ohio

Cosponsors (3)
Richard McCormick (Republican)Donald G. Davis (Democratic)Thomas Massie (Republican)

Judiciary Committee

Commerce

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