Balancing Incentives Act of 2025

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 5819 Introduced in House (IH)]

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119th CONGRESS 1st Session H. R. 5819

To amend title 35, United States Code, to require a patent owner to consent to the filing of a petition for inter-partes review or post- grant review, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

October 24, 2025

Ms. Kaptur (for herself, Mr. Massie, Mr. McCormick, and Mr. Davis of North Carolina) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To amend title 35, United States Code, to require a patent owner to consent to the filing of a petition for inter-partes review or post- grant review, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Balancing Incentives Act of 2025''.

SEC. 2. REQUIREMENT FOR PATENT OWNER TO CONSENT TO THE FILING OF PETITION FOR INTER-PARTES REVIEW OR POST-GRANT REVIEW.

Title 35, United States Code, is amended-- (1) in section 312(a)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) the owner of the patent consents to the filing of the petition.''; and (2) in section 322(a)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) the owner of the patent consents to the filing of the petition.''. <all>