Sponsors (4)
The bill strengthens patent owners' control and reduces unsolicited administrative challenges, but at the cost of making it harder to weed out invalid patents, raising litigation costs, and potentially slowing innovation and market clarity.
Patent owners (including tech firms, financial institutions, and government contractors) gain greater control because third parties cannot file inter partes or post-grant review petitions without the patent owner's consent, reducing the risk of unsolicited administrative challenges.
Patent holders face fewer adversarial administrative proceedings initiated without their agreement, lowering the immediate administrative burden and uncertainty from post-grant challenges.
Third parties (including competing firms and challengers) will have a harder time invalidating weak or low-quality patents because they must obtain patent-owner consent before seeking administrative review, which may allow invalid patents to persist.
Businesses and consumers could face higher litigation costs because the bill makes administrative review less available, increasing incentives to litigate in district court instead of using lower-cost administrative processes.
Innovation and market clarity may suffer because slowing the removal of invalid patents can reduce incentives to innovate and delay correction of the patent record.
Based on analysis of 2 sections of legislative text.
Requires patent owner consent to be included as a required element in IPR and PGR petitions under 35 U.S.C.
Requires that a patent owner must consent before a third party can file an inter partes review (IPR) or post-grant review (PGR) petition at the Patent Trial and Appeal Board by amending the petition-content rules in the federal patent statute. The act makes a narrow, procedural change to 35 U.S.C. that adds a new requirement to petition filings; it does not create new funding, deadlines, or broader substantive patent rules beyond adding the consent requirement.
Official title: 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.
Introduced October 24, 2025 by Marcia Carolyn Kaptur · Last progress October 24, 2025