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H.R. 6264 (115th): Restoring America’s Leadership in Innovation Act of 2018

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 28, 2018.

Restoring America's Leadership in Innovation Act of 2018

This bill revises several parts of the patent law.

The bill changes the U.S. patent system back to a first-to-invent system, where the first inventor to conceive of an invention is entitled to a patent. Currently, the first person to file an application that meets all the requirements is entitled to the patent, as a result of the 2011 Leahy-Smith America Invents Act.

Several types of administrative patent challenge proceedings are abolished, as well as the U.S. Patent and Trademark Office body that decides those proceedings.

This bill relaxes the standard of what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity, or exist solely in the human mind.

This bill limits what types of publications shall be treated as prior art that could be used to make an invention anticipated or obvious.

This bill authorizes the USPTO to keep and spend all the fees that it collects.