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H.R. 5811IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 5811

Restoring the right of the first inventor to secure a patent

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(a) Repeal of first-to-File system under the America Invents Act Section 3 of the Leahy-Smith America Invents Act (Public Law 112–29), including each amendment made by such section, is repealed and any amendment made by such section to any provision shall be effective as if the provision had not been amended by such section. (b) First-to-Invent Notwithstanding any other provision under title 35, United States Code, a person shall be entitled to a patent where the inventor is first to conceive of the invention and diligently reduces the invention to practice. (c) One-Year grace period Notwithstanding any other provision under title 35, United States Code, a person shall be entitled to a one-year grace period before filing an application for a patent, as the grace period existed before the date of the enactment of the Leahy-Smith America Invents Act under section 102 of title 35, United States Code, and with the same meaning of the terms in public use and on sale in this country as interpreted before the enactment of the Leahy-Smith America Invents Act. (d) Sense of congress It is the sense of Congress that— (1) reverting the United States patent system from a first-to-file system back to first-to-invent system will promote the progress of science and the useful arts by securing for limited times to inventors the exclusive rights to their discoveries and incentivize innovation and protect inventors’ rights; (2) restoring the one-year grace period before the first and true inventor must file a patent application on an invention will promote the progress of science and useful arts by enabling inventors once again to disclose inventions in order to attract investment, complete research and development on the invention, test, improve, and perfect the invention so as to improve the invention and the quality of the patent application; and (3) the repeal of section 3, and the amendments made by section 3, of the Leahy-Smith America Invents Act, restore sections 100, 102, 103, 135, and 291 of title 35, United States Code, to the way such sections read on the day before the date of the enactment of such Act.

Sec. 3: Restoring the right of the first inventor to secure a patent · Public Law Tracker