What does Preamble of HR 5811 do?

This bill aims to promote US leadership in global innovation It seeks to establish a robust patent system The patent system would protect inventors' private property rights

What does SHORT TITLE; TABLE OF CONTENTS. of HR 5811 do?

This bill is formally titled the Restoring America's Leadership in Innovation Act of 2025.

What does Elimination of fee diversion and full funding of the United of HR 5811 do?

This section eliminates fee diversion It provides for full funding of the United States Patent and Trademark Office

What does Patentability of scientific discoveries and software of HR 5811 do?

This section addresses the patentability of scientific discoveries and software inventions.

What does FINDINGS. of HR 5811 do?

The Congress created a patent system to promote science and useful arts. Recent laws and court decisions have eroded the patent system's strength. The U.S. Government aims to protect intellectual property as a private property right. This Act aims to restore the patent system as envisioned by the Constitution.

What does RESTORING THE RIGHT OF THE FIRST INVENTOR TO SECURE A PATENT. of HR 5811 do?

This section repeals section 3 of the Leahy-Smith America Invents Act and any amendments made by that section. It re-establishes a 'first-to-invent' patent system, granting patents to those who first conceive of an invention and diligently reduce it to practice. A one-year grace period is reinstated before a patent application must be filed, mirroring the period and interpretations prior to the America Invents Act. Congress expresses the sense that reverting to a first-to-invent system will incentivize innovation and protect inventors' rights. The grace period is intended to allow inventors to disclose inventions to attract investment, complete research, and improve the invention. The repeal restores specific sections of Title 35 of the United States Code to their state before the enactment of the America Invents Act.

What does ABOLISHING INTER PARTES AND POST-GRANT REVIEW. of HR 5811 do?

This section repeals Section 6 of the Leahy-Smith America Invents Act, effectively eliminating inter partes review (IPR) and post-grant review (PGR) proceedings. Chapters 31 and 32 of Title 35 of the United States Code are also repealed. Congress expresses the sense that IPR and PGR proceedings have negatively impacted innovation by subjecting inventors to repeated challenges. Congress believes that patent rights should be protected from unfair adjudication at the Patent and Trademark Office and that patents should be adjudicated in judicial proceedings. The repeal aims to abolish IPR, PGR, and inter partes reexamination proceedings. Congress intends to preserve ex parte reexamination proceedings under Chapter 30 of Title 35.

What does ABOLISHING THE PATENT TRIAL AND APPEAL BOARD. of HR 5811 do?

This section repeals Section 7 of the Leahy-Smith America Invents Act, effectively abolishing the Patent Trial and Appeal Board (PTAB). It re-establishes the Board of Patent Appeals and Interferences (BPAI) and defines its composition, including the Director, Deputy Director, Commissioner for Patents, Commissioner for Trademarks, and administrative patent judges. The BPAI's duties include reviewing adverse decisions of examiners upon applications for patents and determining priority and patentability in interferences. Appeals to the BPAI are established, and appeals from the BPAI to the United States Court of Appeals for the Federal Circuit or a district court are outlined. Congress expresses its intent that the BPAI will not be used to invalidate issued patents unless in an ex parte reexamination. The amendments are intended to restore sections 134 and 141 of title 35 to their prior state, deleting references to inter partes reexamination.

What does ELIMINATION OF FEE DIVERSION AND FULL FUNDING OF THE UNITED of HR 5811 do?

This section amends Section 42 of title 35, United States Code, to modify the funding and fee management processes of the United States Patent and Trademark Office (USPTO). It renames the 'Patent and Trademark Office Appropriation Account' to the 'United States Patent and Trademark Office Innovation Promotion Fund'. Fees collected under this title and the Trademark Act of 1946 will be deposited into the newly established 'United States Patent and Trademark Office Innovation Promotion Fund'. The Director of the USPTO will have greater flexibility in utilizing fees to cover administrative and operating expenses. The bill establishes a revolving fund, the 'United States Patent and Trademark Office Innovation Promotion Fund', within the Treasury. Any unobligated balances from the Patent and Trademark Office Appropriation Account and the Patent and Trademark Fee Reserve Fund will be transferred to the new Innovation Promotion Fund upon the Act's enactment. The Patent and Trademark Fee Reserve Fund will be terminated after all obligated amounts are paid.

What does PATENTABILITY OF SCIENTIFIC DISCOVERIES AND SOFTWARE of HR 5811 do?

This section amends Section 101 of title 35, United States Code, to redefine what inventions are patentable. A claimed invention is ineligible for a patent if it exists in nature or solely in the human mind. The eligibility of a claimed invention is determined without regard to certain requirements or conditions.

Back to bills

Restoring America’s Leadership in Innovation Act of 2025 — HR. 5811

Last updated: 10/24/2025 · Introduced: 10/24/2025

Author: Thomas Massie (R-KY)

TL;DR (AI)

This bill re-establishes a 'first-to-invent' patent system, granting patents to those who first conceive of an invention and diligently reduce it to practice, including a one-year grace period.
The bill eliminates inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent and Trademark Office, requiring patent challenges to occur in judicial proceedings.
It abolishes the Patent Trial and Appeal Board (PTAB) and re-establishes the Board of Patent Appeals and Interferences (BPAI) to review patent decisions.
The bill modifies the funding and fee management processes of the United States Patent and Trademark Office, creating a new 'United States Patent and Trademark Office Innovation Promotion Fund' to manage collected fees.
The bill redefines patentable inventions, clarifying that they are ineligible if they exist in nature or solely in the human mind.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title; table of contents., and 14 more.

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