Protecting US Patents from Foreign Court Interference
This act aims to strengthen the protection of American patents. It introduces rules that make it harder for foreign courts to block patent infringement cases in the US. This will give US companies and inventors greater assurance that their patent rights will be effectively enforced, potentially encouraging further innovation and technological development.
Key points
Defines "anti-suit injunctions" issued by foreign tribunals that attempt to restrict the right to file or maintain US patent infringement claims.
If a foreign anti-suit injunction is used to block a US patent infringement case, the US court may presume the infringement was willful, leading to higher damages and attorney fees.
The US Patent and Trademark Office will decline to review a patent if the petitioner used a foreign anti-suit injunction to restrict a patent infringement claim.
The act mandates a study on the importance of patents to US technological leadership and the harms caused by foreign anti-suit injunctions.
Status:
Expired
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