0
Restoring America’s Leadership in Innovation Act of 2021
12/30/2022, 8:03 AM
Summary of Bill HR 5874
One of the main provisions of the bill is the increase in funding for research and development in key sectors such as technology, healthcare, and renewable energy. This funding is intended to support groundbreaking research and innovation that will drive economic growth and create new job opportunities.
The bill also includes measures to strengthen workforce development programs, with a focus on providing training and education in high-demand fields such as STEM (science, technology, engineering, and mathematics). By investing in the skills and knowledge of the American workforce, the bill aims to ensure that the country remains at the forefront of innovation and technological advancement. Additionally, the Restoring America's Leadership in Innovation Act of 2021 promotes international collaboration in research and development, recognizing the importance of partnerships with other countries in driving innovation and addressing global challenges. The bill includes provisions for fostering collaboration with international partners and promoting the exchange of ideas and expertise. Overall, Bill 117 HR 5874 seeks to position the United States as a leader in innovation and technology, with a focus on driving economic growth, creating jobs, and addressing key challenges facing the country and the world. By investing in research, workforce development, and international collaboration, the bill aims to ensure that America remains at the forefront of innovation in the 21st century.
Congressional Summary of HR 5874
Restoring America's Leadership in Innovation Act of 2021
This bill revises several aspects of patent law.
The bill changes the U.S. patent system back to a first-to-invent system, in which the first inventor to conceive of an invention is entitled to a patent. Currently, the first person to file an application that meets all the necessary requirements is entitled to the patent.
Several types of administrative patent challenge proceedings are abolished, as well as the Patent and Trademark Office (PTO) body that decides those proceedings.
The bill relaxes the standard for what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity or that exist solely in the human mind.
The bill also makes it easier for a patent owner that has won an infringement case in court to secure a permanent injunction against the infringing defendant. Specifically, there shall be a presumption that further infringement would cause irreparable harm to the prevailing patent owner, and the burden shall be on the infringer to prove otherwise. (Currently, a prevailing patent owner seeking a permanent injunction must prove, among other things, that further infringement would cause irreparable harm.)
The bill limits what types of publications shall be treated as prior art that could be used to make an invention be considered to be anticipated or obvious (and therefore not patentable).
The bill authorizes the PTO to keep and spend all the fees that it collects.
