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S 2891 117th Congress Senate Commerce

Restoring the America Invents Act

Introduced: September 29, 2021 See on congress.gov
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This bill died when the 117th Congress ended
It never became law before the 117th Congress (2021–2022) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 29, 2021
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6782-6783)
Sep 29, 2021
Introduced in Senate
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 Plain-English summary Congressional Research Service

Restoring the America Invents Act

This bill modifies various provisions related to administrative patent validity review proceedings conducted before the Patent Trial and Appeal Board (PTAB), a body within the Patent and Trademark Office (PTO).

For example, the bill

  • expands the scope of inter partes reviews (IPRs), one type of such review proceedings, by allowing challenges to a patent's validity based on statutory or obviousness-type double patenting grounds;
  • authorizes the PTO director to review, modify, or set aside final PTAB decisions;
  • authorizes governmental entities to file IPRs and post-grant reviews (PGRs), a related type of patent review proceeding;
  • requires the PTO to institute an IPR (i.e., a decision to proceed with the full IPR proceeding) if there's a reasonable likelihood that the petitioner will prevail, subject to limited exceptions;
  • establishes in statute factors for a court to consider when deciding a request to stay a patent infringement lawsuit involving a patent subject to a pending IPR or PGR;
  • modifies provisions related to the joinder of parties and handling of multiple proceedings involving the same patent before the PTO; and
  • modifies provisions relating to the time limitation for filing an IPR, including by establishing that a lawsuit dismissed without prejudice does not trigger the time limitation (generally, a petitioner wishing to file an IPR must do so within one year of being served a lawsuit alleging infringement of the patent).
What's happening now September 29, 2021

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6782-6783)

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
 Lobbying activity 7

Registered lobbyists who named this bill in their disclosure filings. Source: federal Lobbying Disclosure Act filings.

See all 7 filings →
 Cosponsors 5
All 5 Democratic 2 Republican 3
R
Risch, James E.
Idaho · Dec 17, 2021
 D
Blumenthal, Richard
Connecticut · Oct 18, 2021
 D
Klobuchar, Amy
Minnesota · Oct 18, 2021
 R
Crapo, Mike
Idaho · Oct 4, 2021
 R
Cornyn, John
Texas · Sep 29, 2021
Cite this page click to expand
APA
U.S. Congress. (2026). S. 2891: Restoring the America Invents Act. 117th Congress. Open America. https://openamerica.io/bill/117-S-2891/
MLA
"S. 2891: Restoring the America Invents Act." 117th Congress, 2026, Open America, https://openamerica.io/bill/117-S-2891/.
Bluebook (legal)
S. 2891, 117th Cong. (2026), https://openamerica.io/bill/117-S-2891/.
Markdown link
[S. 2891: Restoring the America Invents Act](https://openamerica.io/bill/117-S-2891/)
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