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CLEAR Patents Act of 2021

12/30/2022, 8:03 AM

Summary of Bill HR 5902

Bill 117 HR 5902, also known as the CLEAR Patents Act of 2021, is a piece of legislation introduced in the US Congress. The purpose of this bill is to address issues related to patent litigation abuse and to promote transparency and fairness in the patent system.

The CLEAR Patents Act of 2021 aims to achieve these goals by implementing several key provisions. One of the main provisions of the bill is the requirement for patent holders to disclose the real party in interest in patent infringement lawsuits. This provision is intended to prevent so-called "patent trolls" from hiding behind shell companies and engaging in abusive litigation practices.

Additionally, the bill includes provisions aimed at improving the quality of patents granted by the US Patent and Trademark Office. This includes measures to enhance the examination process for patent applications and to ensure that patents are only granted for truly novel and non-obvious inventions. Furthermore, the CLEAR Patents Act of 2021 includes provisions to streamline the patent litigation process and to reduce the costs associated with patent litigation. This includes measures to promote alternative dispute resolution mechanisms and to limit the scope of discovery in patent infringement lawsuits. Overall, the CLEAR Patents Act of 2021 is aimed at promoting transparency, fairness, and efficiency in the patent system. By addressing issues related to patent litigation abuse and improving the quality of patents granted, this bill seeks to foster innovation and economic growth in the United States.

Congressional Summary of HR 5902

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.

Current Status of Bill HR 5902

Bill HR 5902 is currently in the status of Bill Introduced since November 5, 2021. Bill HR 5902 was introduced during Congress 117 and was introduced to the House on November 5, 2021.  Bill HR 5902's most recent activity was Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. as of November 1, 2022

Bipartisan Support of Bill HR 5902

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
0
Democrat Cosponsors
0
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 5902

Primary Policy Focus

Commerce

Alternate Title(s) of Bill HR 5902

CLEAR Patents Act of 2021
CLEAR Patents Act of 2021
Conducting Legally Efficient Administration and Resolution of Patents Act of 2021
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.

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