
"Massie first introduced RALIA in 2021. The bill would repeal the Patent Trial and Appeal Board (PTAB), inter partes review (IPR) and post-grant review (PGR;) return the patent system to a "first-to-invent" model, rather than first-to-file, and would end automatic publication of patents. Inventor groups such as US Inventor and conservative groups have supported the legislation. "RALIA will reverse harmful changes to the U.S. patent system and protect American inventors," Massie said in his post about the announcement yesterday."
"Section 101 patentability would also be clarified. The exception to eligibility would read as follows: (b) EXCEPTION.-A claimed invention is ineligible patent subject matter under subsection (a) if the claimed invention as a whole, as understood by a person having ordinary skill in the art, exists in nature independently of and prior to any human activity, or exists solely in the human mind."
Restoring America's Leadership in Innovation Act (RALIA) was first introduced in 2021 and reintroduced in 2024 by Thomas Massie and Marcy Kaptur. The bill would abolish the Patent Trial and Appeal Board (PTAB) and end inter partes review (IPR) and post-grant review (PGR). The Board of Patent Appeals and Interferences would be reestablished. The patent system would return to a first-to-invent priority and end automatic publication of patent applications. Section 101 patent eligibility would exclude inventions that exist in nature or solely in the human mind, with eligibility determined without regard to sections 102, 103, or 112. The bill would abrogate recent Supreme Court subject-matter jurisprudence. Inventor and conservative groups support the legislation.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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