Title: CLEAR Patents Act of 2021
Policy area: Commerce

Summary:
Conducting Legally Efficient Administration and Resolution of Patents Act of 2021 or the CLEAR Patents Act of 2021
This bill establishes that a federal agency proceeding pertaining to a patent shall, in certain instances, be stayed while certain administrative validity challenges to that patent are pending.
Specifically, if the U.S. Patent and Trademark Office institutes an inter partes review (IPR) or a postgrant review (PGR) of a patent and the cancellation of one of the patent's claims would materially affect a federal agency proceeding, that proceeding must be stayed until the IPR or PGR has been decided or otherwise terminated.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5902 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5902

To amend title 35, United States Code, to clarify the relation of Inter 
 Partes Review proceedings and Post-Grant Review proceedings to other 
          administrative proceedings, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 2021

   Mr. Issa introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 35, United States Code, to clarify the relation of Inter 
 Partes Review proceedings and Post-Grant Review proceedings to other 
          administrative proceedings, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conducting Legally Efficient 
Administration and Resolution of Patents Act of 2021'' or the ``CLEAR 
Patents Act of 2021''.

SEC. 2. RELATION OF INTER PARTES REVIEW PROCEEDINGS AND POST-GRANT 
              REVIEW PROCEEDINGS TO OTHER ADMINISTRATIVE PROCEEDINGS.

    (a) In General.--Title 35, United States Code, is amended--
            (1) in section 315, by adding at the end the following:
    ``(f) Relation to Other Administrative Proceedings.--If the 
Director institutes an inter partes review of a patent, any proceeding 
before a Federal agency (as that term is defined in section 201) that 
would be materially affected by one or more of the claims of the patent 
being cancelled under such review shall be stayed until a final written 
decision by the Board is issued under such review or such review is 
otherwise terminated.''; and
            (2) in section 325, by adding at the end the following:
    ``(f) Relation to Other Administrative Proceedings.--If the 
Director institutes a post-grant review of a patent, any proceeding 
before a Federal agency (as that term is defined in section 201) that 
would be materially affected by one or more of the claims of the patent 
being cancelled shall be stayed until a final written decision by the 
Board is issued under such review or such review is otherwise 
terminated.''.
    (b) Application.--This section, and the amendments made by this 
section, shall apply with respect to--
            (1) an inter partes review proceeding or post-grant review 
        proceeding initiated on or after the date of the enactment of 
        this Act; and
            (2) a proceeding before a Federal agency initiated on or 
        after the date that is 6 months before the date of the 
        enactment of this Act.
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