H.R. 5811 · Where this bill is now
In committee
Introduced in the House, sent to the Committee on the Judiciary, Oct 24, 2025
What this bill does
In plain words · AI-written from the official summaryChanges U.S. patent system rules and processes
This bill makes several changes to how patents work in America. It switches the patent system from rewarding whoever files first to rewarding whoever invents first. It also removes certain patent challenges that companies can currently use to question a patent's validity, eliminates the office that decides those challenges, and makes it easier for patent owners to stop others from using their inventions in court.
How it affects you
Inventors and companies that develop new products will experience significant changes in how they protect their work. Patent owners who win infringement cases will find it easier to prevent competitors from using their inventions going forward. If you're an inventor or run a business that develops new technology, these changes could affect your strategy for getting and defending patents, though the practical impact will depend on your specific situation.
Read the official summary (Introduced in House, Oct 24, 2025)
Restoring America's Leadership in Innovation Act of 2025
This bill revises several aspects of patent law.
The bill changes the U.S. patent system back to a first-to-invent system, in which 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 necessary requirements is entitled to the patent.
Several types of administrative patent challenge proceedings are abolished, as well as the U.S. Patent and Trademark Office (USPTO) body that decides those proceedings.
The bill relaxes the standard for what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity or that exist solely in the human mind.
The bill also makes it easier for a patent owner that has won an infringement case in court to secure a permanent injunction against the infringing defendant. Specifically, there shall be a presumption that further infringement would cause irreparable harm to the prevailing patent owner, and the burden shall be on the infringer to prove otherwise. (Currently, a prevailing patent owner seeking a permanent injunction must prove, among other things, that further infringement would cause irreparable harm.)
The bill limits what types of publications shall be treated as prior art that could be used to make an invention be considered to be anticipated or obvious (and therefore not patentable).
The bill authorizes the USPTO to keep and spend all the fees that it collects.
Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.
1st SessionH. R. 5811
A BILL
Restoring America’s Leadership in Innovation Act of 2025
Sponsor: Rep. Thomas Massie (R-KY-4) · Introduced Oct 24, 2025 · Commerce · 1 version of the text
Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Oct 24, 2025: “Referred to the House Committee on the Judiciary.”
Sections
Sections · 13
- Sec. 1Short title; table of contentsNo change
- Sec. 2FindingsNo change
- Sec. 3Restoring the right of the first inventor to secure a patentNo change
- Sec. 4Abolishing inter partes and post-grant reviewNo change
- Sec. 5Abolishing the Patent Trial and Appeal BoardNo change
- Sec. 6Elimination of fee diversion and full funding of the United States Patent and Trademark OfficeNo change
- Sec. 7Patentability of scientific discoveries and software inventionsNo change
- Sec. 8Limitations on prior artNo change
- Sec. 9Restoring patents as a property rightNo change
- Sec. 10Ending automatic publication of patent applicationsNo change
- Sec. 11Presumption of validity; defensesNo change
- Sec. 12InjunctionNo change
- Sec. 13Best mode requirementNo change