Restoring patents as a property right

(a) Private property patent right (1) Amendment Chapter 10 of title 35, United States Code, is amended by adding at the end the following new section: 106. Private property patent right A patent right is a private property right secured to an inventor upon issuance of the patent that shall only be revoked by a court ruling in a judicial proceeding, unless the patent owner consents to an administrative or other procedure.. (2) Technical and conforming amendment The table of sections for chapter 10 of title 35, United States Code, is amended by adding at the end the following new item: 106. Private property patent right.. (b) Ownership; assignment Section 261 of title 35, United States Code, is amended— (1) in the first sentence, by striking patents shall have the attributes of personal property and inserting the following: patents shall be recognized as private property rights; and (2) by inserting after the second sentence the following: As private property rights, applications for patents, patents, and interests therein shall be freely transferrable, in whole or in part, including conveyance by assignment or license. Any successors, heirs, assigns, or licensees of a patent owner, who receive a lesser interest in a patent, shall be subject to any and all restrictions of their interest in the patent, provided that the successors, heirs, assigns, or licensees have actual or constructive notice of such restrictions.. (c) Sense of Congress It is the sense of Congress that— (1) recent jurisprudence of the United States Supreme Court, including Oil States Energy Services v. Greene’s Energy Group, 138 S. Ct. 1365 (2018), have harmed the progress of science and the useful arts by unconstitutionally changing the treatment of fundamental patent rights to government-bestowed public franchises from the Founders’ original intent of exclusive private property rights of limited duration; (2) recent jurisprudence of the United States Supreme Court, including Impression Products Inc. v. Lexmark International, Inc., have harmed the progress of science and the useful arts by limiting the ability of patent owners to exclude unlicensed customers from their supply chains; and (3) meaningful patent rights must permit patent owners to freely assign their rights in whole, or in part, and to ensure that successors, heirs, or assigns of a patent owner, or their assigns, are duly bound by restrictions or exclusions set by patent owners on the use of their property.