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.''.
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