STRONGER Patents Act of 2019

Bill: 116-hr-3666
Sponsor: Rep. Stivers, Steve [R-OH-15]
Introduced: 2019-07-10 in the House
Policy area: Commerce
Subjects: Administrative remedies
Civil actions and liability
Congressional oversight
Department of Commerce
Employment and training programs
Evidence and witnesses
Executive agency funding and structure
Federal Trade Commission (FTC)
Federal district courts
Federal preemption
Fraud offenses and financial crimes
Government information and archives
Government trust funds
Higher education
Intellectual property
Judges
Judicial procedure and administration
Judicial review and appeals
Licensing and registrations
Property rights
Small business
State and local government operations
User charges and fees

Summary:
action_date: 2019-07-10
text: 

Support Technology and Research for Our Nation's Growth and Economic Resilience Patents Act of 2019 or the STRONGER Patents Act of 2019

 
This bill makes several patent-related changes, including with respect to how the U.S. Patent and Trademark Office (USPTO) conducts administrative patent validity reviews.
 
When deciding inter partes reviews (IPRs) and post-grant reviews (PGRs), the USPTO's Patent Trial and Appeal Board (PTAB) shall give patent claim terms their ordinary and customary meanings as understood by a person of ordinary skill in the relevant art (the same standard used in court). If a court has already construed a patent claim, the USPTO shall consider that construction. 
 
The bill makes various changes relating to such proceedings, such as by (1) raising the burden of proof to invalidate a patent claim; (2) establishing that a challenged patent claim is presumed valid; (3) imposing standing requirements as to who may file an IPR or PGR, where none currently exist except for some timing requirements; (4) restricting when multiple challenges may be filed against the same patent; and (5) limiting IPRs and PGRs when a court or the International Trade Commission has ruled on the obviousness or novelty of the same patent claims.
 
This bill also (1) makes it easier to get an injunction after a court finding of the infringement of a valid patent, by a presumption that further infringement would cause irreparable injury and the remedies available at law are inadequate; (2) authorizes the USPTO to keep and spend the fees that it collects; and (3) makes bad faith patent demand letters an unfair or deceptive act in violation of the Federal Trade Commission Act.


Legislative actions:
action_date: 2019-07-30
text: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
action_date: 2019-07-11
text: Referred to the Subcommittee on Consumer Protection and Commerce.
action_date: 2019-07-10
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-07-10
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-07-10
text: Introduced in House
action_date: 2019-07-10
text: Introduced in House