CLEAR Patents Act of 2021

Bill: 117-hr-5902
Sponsor: full_name: Rep. Issa, Darrell E. [R-CA-50]
Introduced: 2021-11-05
Policy area: Commerce
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Summaries:
action_date: 2021-11-05
action_desc: Introduced in House
text: <p><strong>Conducting Legally Efficient Administration and Resolution of Patents Act of 2021 or the CLEAR Patents Act of 2021</strong></p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5902 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.

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 . 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.