Patents, Proposed Legislation, Regulatory Agenda

U.S. Department of Commerce Weighs Patent Tax with Significant Implications for Innovation and Patent Strategy

Sullivan & Worcester on 7/31/2025

On July 28, 2025, The Wall Street Journal reported that the U.S. Department of Commerce is considering a new proposal to impose a tax of 1% to 5% on the “value” of issued patents. If implemented, the tax would be in addition...more

PREVAIL Act Passes Committee

Jones Day on 12/18/2024

The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21, 2024. In...more

U.S. Senate Unanimously Passes Bill Limiting Number of Patents Asserted Against Biosimilar Applicants

Jones Day on 7/30/2024

The Situation: Senate Bill 150 ("S.B. 150")—the Affordable Prescriptions for Patients Act of 2023—unanimously passed the Senate and would amend 35 U.S.C. § 272(e) to limit, under certain circumstances, the number of patents...more

The Rapid Rise of AI, in Five Charts

Goodwin on 7/25/2024

With remarkable speed, AI has evolved from an intriguing concept into a practical business tool that is drawing large investments and more regulatory oversight. The launch of generative AI (GenAI) tools in late 2022 helped...more

PREVAIL Act Proposes Significant Changes PTAB Proceedings

Knobbe Martens on 10/30/2023

IP rights can be vital to the success of medical device companies. Significant legislative changes governing some of these rights may be on the horizon. Senators Coons (Delaware), Durbin (Illinois), Hirono (Hawaii), and...more

Legislation: Will the Post-Grant Procedures Established by the AIA PREVAIL?

Jones Day on 8/28/2023

The Senate recently introduced a bill directed to substantially narrowing the scope of post grant proceedings, including Inter Partes Reviews (“IPRs”), before the Patent Trial and Appeal Board (“PTAB”). First introduced by a...more

Legislation: PTAB Reform Act of 2022 (UPDATED)

Jones Day on 6/24/2022

Since the passage of the America Invents Act in 2012, both petitioners and patent owners have expressed concerns regarding the procedures and practices of the Patent Trial and Appeal Board (PTAB). In an effort to respond to...more

Legislation: PTAB Reform Act of 2022

Jones Day on 6/17/2022

On June 16, Senators Leahy, Cornyn, and Tillis introduced the PTAB Reform Act of 2022. The full text of the bill is available...more

Leahy-Corbin Proposals for “Restoring the America Invents Act”

Jones Day on 10/22/2021

We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut. This proposed...more

Inventors Rights Act Could Significantly Change Patent Ownership Strategy

Lowndes on 12/19/2019

A bill introduced in the U.S. House of Representatives Wednesday, December 18, 2019 could significantly affect strategies for patent ownership in the United States. The Inventors Rights Act (H.R. 5478), which is sponsored by...more

Bipartisan and Bicameral Draft Bill Aims to Reform U.S. Patent Subject Matter Eligibility Law

Wilson Sonsini Goodrich & Rosati on 6/3/2019

Recently, a bipartisan, bicameral draft bill was introduced as part of an ongoing effort to reform U.S. patent subject matter eligibility law. In this alert, we discuss relevant background leading up to the draft bill, the...more

Recent Proposal for Section 101 Reform

Troutman Pepper Locke on 4/25/2019

A bipartisan group of Senators and Representatives recently released a framework for amending Section 101. The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug...more

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