Bill Sponsor
Senate Bill 2082
116th Congress(2019-2020)
STRONGER Patents Act of 2019
Introduced
Introduced
Introduced in Senate on Jul 10, 2019
Overview
Text
Introduced
Jul 10, 2019
Latest Action
Jul 10, 2019
Origin Chamber
Senate
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
2082
Congress
116
Policy Area
Commerce
Commerce
Primary focus of measure is business investment, development, regulation; small business; consumer affairs; competition and restrictive trade practices; manufacturing, distribution, retail; marketing; intellectual property. Measures concerning international competitiveness and restrictions on imports and exports may fall under Foreign Trade and International Finance policy area.
Sponsorship by Party
Democrat
Delaware
Republican
Arkansas
Democrat
Illinois
Republican
Louisiana
Republican
North Dakota
Senate Votes (0)
House Votes (0)
No Senate votes have been held for this bill.
Summary

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.

Text (1)
Actions (2)
07/10/2019
Read twice and referred to the Committee on the Judiciary.
07/10/2019
Introduced in Senate
Public Record
Record Updated
Nov 1, 2022 1:50:43 PM