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Strengthening Patent Rights and Protecting American Innovation Investment

This law aims to strengthen intellectual property rights by making it harder to challenge existing patents through administrative reviews, addressing concerns about repetitive and harassing lawsuits. It raises the standard of evidence required to invalidate a patent, providing greater certainty for inventors and small businesses. Furthermore, it ensures that all fees collected by the Patent Office are used exclusively for patent and trademark services, ending fee diversion.
Key points
Stronger protection for inventors: It will be harder to invalidate an existing patent, requiring a higher standard of evidence in administrative challenges.
Curbing repetitive challenges: Limits who can challenge a patent and prevents the same party from repeatedly challenging the same patent claims in different venues.
Patent Office funding secured: Fees paid by innovators must be used solely for Patent and Trademark Office operations, ending fee diversion.
Support for university innovators: Expands eligibility for reduced patent fees for applicants affiliated with higher education institutions.
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Additional Information
Print number: 118_S_2220
Sponsor: Sen. Coons, Christopher A. [D-DE]
Process start date: 2023-07-10