S2220-118

Reported

To amend title 35, United States Code, to invest in inventors in the United States, maintain the United States as the leading innovation economy in the world, and protect the property rights of the inventors that grow the economy of the United States, and for other purposes.

118th Congress Introduced Jul 10, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

Reforms USPTO inter partes and post-grant review proceedings to limit who can challenge patents, require standing similar to federal court, and give patent owners more procedural protections.

Who Benefits and How

Patent holders benefit from stronger protections against serial challenges and hedge fund attacks. Inventors and innovators gain more reliable patent rights. Pharmaceutical and technology companies with large patent portfolios face fewer validity challenges.

Who Bears the Burden and How

Entities challenging patents must show infringement standing before filing IPR. Hedge funds and patent challengers lose ability to file speculative challenges. USPTO must implement new procedures and code of conduct for PTAB judges.

Key Provisions

  • Requires standing (sued or charged with infringement) to file IPR petition
  • Mandates code of conduct for PTAB administrative judges
  • Expands discovery rights for patent owners in PTAB proceedings
  • Limits estoppel waivers and serial petitions
  • Creates appeal rights to Federal Circuit for institution decisions

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Reforms Patent Trial and Appeal Board (PTAB) inter partes review procedures to strengthen patent rights and address concerns about patent quality challenges

Who Benefits

  • Patent holders
  • Pharmaceutical companies
  • Technology companies

Who Bears Costs

  • Patent challengers
  • Hedge funds
  • Generic drug manufacturers

Key Policy Areas

Intellectual Property, Patents, Technology, Innovation

Primary Purpose

Reforms Patent Trial and Appeal Board (PTAB) inter partes review procedures to strengthen patent rights and address concerns about patent quality challenges

Policy Domains

Intellectual Property Patents Technology Innovation

Legislative Strategy

"Strengthen patent rights by limiting PTAB challenges and providing more procedural protections"

Legislative Progress

Reported
Introduced Committee Passed
Dec 2, 2024

Reported by Mr. Durbin, with an amendment

Jul 10, 2023

Mr. Coons (for himself, Mr. Tillis, Mr. Durbin, and Ms. …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Intellectual Property
8 mentions across 8 clauses
+8 positive

Patent applicants, Patent holders

Government
6 mentions across 6 clauses
+2 positive -4 negative

PTAB, Patent Trial and Appeal Board, SBA

Positive-direction: USPTO

Negative-direction: PTAB, Patent Trial and Appeal Board, SBA, Small Business Administration

Technology
3 mentions across 3 clauses
-3 negative

Patent challengers, Patent challengers using IPR, Patent challengers/invalidation petitioners

Litigation Finance
2 mentions across 2 clauses
-2 negative

Third-party litigation funders, Third-party patent funders

Education
2 mentions across 2 clauses
+2 positive

University inventors, University inventors and researchers

17/18
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Intellectual Property Patents
Actor Mappings
"the_director"
→ Director of USPTO

Key Definitions

Terms defined in this bill

1 term
"" §charged_with_infringement

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology