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
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.
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.