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119-hr-5819119th Congress

Balancing Incentives Act of 2025

Sponsored By: Representative Kaptur, Marcy [D-OH-9]

Introduced

Summary

Patent owner consent required for inter partes review and post-grant review petitions. This bill would make a patent owner's explicit consent a formal prerequisite to filing an inter partes review (IPR) or a post-grant review (PGR) petition at the Patent Trial and Appeal Board. It does not change the legal grounds, institution standards, remedies, or add funding for those proceedings.

Show full summary
  • Patent owners: Would gain greater control and effective veto power over post-grant challenges by being able to withhold consent to IPR or PGR petitions.
  • Petitioners and challengers: Third parties that currently file IPR or PGR petitions would be barred from filing without the owner’s consent, limiting a common administrative route to contest patents.
  • Patent system and practice: The Patent Trial and Appeal Board would face a new procedural prerequisite for considering petitions, while substantive challenge rules remain unchanged.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Patent challenges would need owner consent

The bill would require a patent owner to consent before anyone could file an inter partes review or post‑grant review at the U.S. patent office. Without the owner’s consent, the petition could not be filed or considered. This would give patent owners a veto over these reviews and make it harder for outside challengers. The bill would not change the legal standards used if a review goes forward. If enacted, the change would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Kaptur, Marcy [D-OH-9]

OH • D

Cosponsors

  • Rep. Massie, Thomas [R-KY-4]

    KY • R

    Sponsored 10/24/2025

  • Rep. McCormick, Richard [R-GA-7]

    GA • R

    Sponsored 10/24/2025

  • Rep. Davis, Donald G. [D-NC-1]

    NC • D

    Sponsored 10/24/2025

  • Rep. McGovern, James P. [D-MA-2]

    MA • D

    Sponsored 8/13/2026

Roll Call Votes

No roll call votes available for this bill.

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