I 
116TH CONGRESS 
2D SESSION 
H. R. 7366 
To promote the leadership of the United States in global innovation by 
establishing a robust patent system that restores and protects the right 
of inventors to own and enforce private property rights in inventions 
and discoveries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2020 
Mr. MASSIE (for himself, Mr. MCCLINTOCK, and Mr. GOSAR) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To promote the leadership of the United States in global 
innovation by establishing a robust patent system that 
restores and protects the right of inventors to own and 
enforce private property rights in inventions and discov-
eries, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restoring America’s Leadership in Innovation Act of 
2020’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Restoring the right of the first inventor to secure a patent. 
Sec. 4. Abolishing inter partes and post-grant review. 
Sec. 5. Abolishing the Patent Trial and Appeal Board. 
Sec. 6. Elimination of fee diversion and full funding of the United States pat-
ent and trademark office. 
Sec. 7. Patentability of scientific discoveries and software inventions. 
Sec. 8. Limitations on prior art. 
Sec. 9. Restoring patents as a property right. 
Sec. 10. Ending automatic publication of patent applications. 
Sec. 11. Presumption of validity; defenses. 
Sec. 12. Injunction. 
Sec. 13. Best mode requirement. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Congress created a patent system to 
‘‘promote the Progress of Science and useful Arts, 
by securing for limited Times to Authors and Inven-
tors the exclusive Right to their respective Writings 
and Discoveries,’’ as provided for in the Constitution 
of the United States. 
(2) The Leahy-Smith America Invents Act 
(Public Law 112–29) enacted on September 16, 
2011, and several decisions of the Supreme Court 
have harmed the progress of Science and the useful 
Arts by eroding the strength and value of the patent 
system. 
(3) The United States Government exists to 
protect life, liberty, and property, which includes in-
tellectual property. 
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(4) A United States patent secures a private 
property right to an inventor. 
(5) This Act restores the patent system as envi-
sioned by the Constitution of the United States. 
SEC. 3. RESTORING THE RIGHT OF THE FIRST INVENTOR 
TO SECURE A PATENT. 
(a) REPEAL OF FIRST-TO-FILE SYSTEM UNDER THE 
AMERICA INVENTS ACT.—Section 3 of the Leahy-Smith 
America Invents Act (Public Law 112–29), including each 
amendment made by such section, is repealed and any 
amendment made by such section to any provision shall 
be effective as if the provision had not been amended by 
such section. 
(b) FIRST-TO-INVENT.—Notwithstanding any other 
provision under title 35, United States Code, a person 
shall be entitled to a patent where the inventor is first 
to conceive of the invention and diligently reduces the in-
vention to practice. 
(c) ONE-YEAR GRACE PERIOD.—Notwithstanding 
any other provision under title 35, United States Code, 
a person shall be entitled to a one-year grace period before 
filing an application for a patent, as the grace period ex-
isted before the date of the enactment of the Leahy-Smith 
America Invents Act under section 102 of title 35, United 
States Code, and with the same meaning of the terms ‘‘in 
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public use’’ and ‘‘on sale in this country’’ as interpreted 
before the enactment of the Leahy-Smith America Invents 
Act. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) reverting the United States patent system 
from a ‘‘first-to-file’’ system back to ‘‘first-to-in-
vent’’ system will promote the progress of science 
and the useful arts by securing for limited times to 
inventors the exclusive rights to their discoveries and 
incentivize innovation and protect inventors’ rights; 
(2) restoring the one-year grace period before 
the first and true inventor must file a patent appli-
cation on an invention will promote the progress of 
science and useful arts by enabling inventors once 
again to disclose inventions in order to attract in-
vestment, complete research and development on the 
invention, test, improve, and perfect the invention so 
as to improve the invention and the quality of the 
patent application; and 
(3) the repeal of section 3, and the amendments 
made by section 3, of the Leahy-Smith America In-
vents Act, restore sections 100, 102, 103, 135, and 
291 of title 35, United States Code, to the way such 
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sections read on the day before the date of the en-
actment of such Act. 
SEC. 4. ABOLISHING INTER PARTES AND POST-GRANT RE-
VIEW. 
(a) REPEAL OF INTER PARTES AND POST-GRANT 
REVIEW.—Section 6 of the Leahy-Smith America Invents 
Act (Public Law 112–29), including each amendment 
made by such section, is repealed and any amendment 
made by such section to any provision shall be effective 
as if the provision had not been amended by such section. 
(b) REPEAL OF CODIFIED TITLES.—Chapters 31 and 
32 of title 35, United States Code, are repealed. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) inter partes review and post-grant review 
proceedings introduced by the Leahy-Smith America 
Invents Act have harmed the progress of science and 
the useful arts by subjecting inventors to serial chal-
lenges to patents; 
(2) inter partes review and post-grant review 
proceedings invalidate patents at an unreasonably 
high rate; 
(3) patent rights should be protected from un-
fair adjudication at the Patent and Trademark Of-
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fice and duly issued patents should be adjudicated in 
a judicial proceeding; 
(4) repealing section 6 of the Leahy-Smith 
America Invents Act abolishes inter partes review, 
post-grant review, and the previously available inter 
partes reexamination proceedings; and 
(5) it is the intent of Congress to preserve ex 
parte reexamination proceedings under chapter 30 of 
title 35, United States Code. 
SEC. 5. ABOLISHING THE PATENT TRIAL AND APPEAL 
BOARD. 
(a) REPEAL
OF
PATENT
TRIAL
AND
APPEAL 
BOARD.—Section 7 of the Leahy-Smith America Invents 
Act (Public Law 112–29) is repealed, including each 
amendment made by such section, and any amendment 
made by such section to any provision shall be effective 
as if the provision had not been amended by such section. 
(b) BOARD
OF
PATENT
APPEALS
AND
INTER-
FERENCES.— 
(1) AMENDMENT.—Section 6 of title 35, United 
States Code, is amended to read as follows: 
‘‘§ 6. Board of Patent Appeals and Interferences 
‘‘(a) ESTABLISHMENT
AND COMPOSITION.—There 
shall be in the Patent and Trademark Office a Board of 
Patent Appeals and Interferences. The Director, the Dep-
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uty Director, the Commissioner for Patents, the Commis-
sioner for Trademarks, and the administrative patent 
judges shall constitute the Board. The administrative pat-
ent judges shall be persons of competent legal knowledge 
and scientific ability who are appointed by the Secretary 
of Commerce, in consultation with the Director. 
‘‘(b) DUTIES.—The Board of Patent Appeals and 
Interferences shall, on written appeal of an applicant, re-
view adverse decisions of examiners upon applications for 
patents and shall determine priority and patentability of 
invention in interferences declared under section 135(a). 
Each appeal and interference shall be heard by at least 
three members of the Board, who shall be designated by 
the Director. Only the Board of Patent Appeals and Inter-
ferences may grant rehearings. The Board shall not invali-
date an issued patent except in an ex parte reexamination 
under chapter 30. 
‘‘(c) AUTHORITY
OF
THE SECRETARY.—The Sec-
retary of Commerce may, in the Secretary’s discretion, 
deem the appointment of an administrative patent judge 
who, before the date of the enactment of this subsection, 
held office pursuant to an appointment by the Director, 
to take effect on the date on which the Director initially 
appointed the administrative patent judge. 
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