Legislation: Restoring The America Invents Act

On Wednesday, September 29, 2021, Senators Patrick Leahy (D) and John Cornyn (R) introduced the Restoring the America Invents Act, a bill that would modify Patent Trial and Appeal Board (PTAB) procedures and facilitate challenges to “poor-quality patents.” A decade ago, Leahy was the co-author of the Leahy-Smith American Invents Act (AIA). Among other things, the AIA established the PTAB, which provides accused infringers an alternative to defending themselves in costly district court litigation. PTAB proceedings are especially appealing to companies that are frequent targets of infringement suits. The PTAB affords these companies a mechanism-namely inter partes review  (IPR)-to challenge the patentability of poor-quality patents administratively.