Balancing Incentives Act of 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.