H.R. 5819

119th CONGRESS 1st Session

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.

IN THE HOUSE OF REPRESENTATIVES · October 24, 2025 · Sponsor: Ms. Kaptur · Committee: Committee on the Judiciary

Table of contents

• H.R. 5819
  • SEC. 1. Short title
  • SEC. 2. Requirement for patent owner to consent to the filing of petition for inter-partes review or post-grant review

SEC. 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—
  • in section 312(a)—
    • in paragraph (4), by striking and inserting a semicolon;
    • in paragraph (5), by striking the period at the end and inserting ; and; and
      • the owner of the patent consents to the filing of the petition.
    • by adding at the end the following:
  • in section 322(a)—
    • in paragraph (4), by striking and inserting a semicolon;
    • in paragraph (5), by striking the period at the end and inserting ; and; and
      • the owner of the patent consents to the filing of the petition.
    • by adding at the end the following: