MIL-OSI USA: Kaptur Champions Landmark Patent Legislation to Revitalize American Innovation and Protect Inventors’ Rights

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Source: United States House of Representatives – Congresswoman Marcy Kaptur (OH-09)

Washington, DC – Earlier this year, on April 26, 2024 Congresswoman Marcy Kaptur (OH-09), Vice Chair of the Congressional Labor Caucus introduced The Balancing Incentives Act (BIA), and co-led the Restoring America’s Leadership in Innovation Act (RALIA). These two landmark pieces of legislation address critical issues within the patent system to ensure a fair and supportive environment for innovation to thrive; revitalizing American innovation and safeguarding the rights of inventors and small businesses.

In a bid to jumpstart Ohio innovation and safeguard the rights of inventors and small businesses nationwide, Congresswoman Kaptur introduced the Balancing Incentives Act (BIA), and co-led the Restoring America’s Leadership in Innovation Act (RALIA), introduced by Congressman Thomas Massie (KY-04). Congressman Massie also co-led Congresswoman Kaptur’s BIA. Together, these two pivotal pieces of legislation tackle vital issues within the patent system, including balancing the power of the courts to invalidate patents with incentives to innovate, by reversing several harmful changes to patent law.

“Innovation is the lifeblood of our economy, and it is imperative that we protect the rights of inventors and small businesses to foster continued growth and competitiveness in the global market,” said Congresswoman Marcy Kaptur (OH-09). “The BIA and RALIA and will restore confidence in our patent system and ensure that American innovators have the support they need to thrive. We must always be pushing the boundaries of what is possible and encouraging inventors to ‘Think Big.’”

The Balancing Incentives Act (BIA):

  • Aims to address the high invalidation rate of patents by rebalancing the incentives driving the Patent Trial and Appeals Board (PTAB).
  • Requires patent owners’ consent before a petition to invalidate a patent moved from the Courts to the PTAB, ensuring fairness and due process in patent validity challenges.
  • Aims to create a more equitable patent system that supports innovation while safeguarding the rights of patent owners.

The Restoring America’s Leadership in Innovation Act (RALIA):

  • Aims to restore patent protection for inventors and startups by addressing a decade of laws, regulations, and court decisions that have hindered innovation and undermined the exclusive rights of inventors.
  • Seeks to abolish the Patent Trial and Appeal Board (PTAB), which has disproportionately invalidated patents held by small inventors and startups, hampering their ability to protect their intellectual property.
  • Aims to reinstate injunctive relief for patent owners, ensuring that inventors have the right to exclude others from using their inventions as intended by the Constitution.
  • Clarifies patent eligibility criteria, providing certainty and reliability to issued patents and encouraging innovation in crucial technological fields.

Congresswoman Marcy Kaptur’s introduction of the Balancing Incentives Act (BIA) and co-leading the Restoring America’s Leadership in Innovation Act (RALIA) underscores her dedication to revitalizing Ohio innovation and safeguarding inventors’ rights wherever possible.

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