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Massie Introduces Patent Reform Legislation Restoring "First to Invent" Protection to Inventors

For Immediate Release
Contact #: 202-225-3465

.- Representative Thomas Massie announces the introduction of patent reform legislation designed to restore to Americans a patent system "as the Constitution of the United States originally envisioned it." Massie's legislation, HR 8134, the "Restoring America's Leadership in Innovation Act of 2024" (RALIA), reverses several harmful changes to patent law that arose from Supreme Court rulings and the enactment of the Leahy-Smith "America Invents Act." Among the significant reforms contained in Massie's legislation is a return to the "first to invent" standard to ensure patent protection for America's inventors.

"The RALIA legislation restores to Americans a patent system as the Constitution of the United States originally envisioned it," said Congressman Massie. "In Article 1, Section 8 of the Constitution, the Founding Fathers gave Congress the authority to protect the discoveries of inventors. Specifically, they created a patent system to 'promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.' Regrettably, Congress's 2011 enactment of the Leahy-Smith 'America Invents Act' has worked in concert with several Supreme Court decisions to erode this protection's strength and value."

"As the Constitution intends, RALIA restores patent protection to inventors by awarding patents on a 'first to invent' basis rather than the more recently adopted 'first to file' standard," Congressman Massie continued. "A return to a 'first to invent' patent protection system ensures that inventors and the investors who back them can be confident that their innovative work and ideas will be safeguarded. Patents should protect those who innovate, not those who win the race to the patent office."

In addition to restoring patent protections to a "first to invent" standard, RALIA contains other important reforms to the patent system. Notably, RALIA affirms that a patent secures private property rights, allows inventors to get injunctions again against intellectual property thieves, restores inventors' rights to defend their inventions in court by abolishing the Patent Trial and Appeal Board, and ends the automatic publication of patent applications unless a patent is granted. 

Congressman Massie's RALIA legislation is supported by organizations including AMAC Action, American Policy Center, Americans for Limited Government, Center for American Principles, Conservatives for Property Rights, Eagle Forum Education & Legal Defense Fund, IEEE-USA, Less Government, Let Freedom Ring, 60 Plus Association, the Small Business Technology Council, Taxpayers Protection Alliance, Tea Party Patriots Action, The Committee for Justice, Tradition Family Property Inc., U.S. Business & Industry Council, US Inventor, and Veterans Intellectual Property.

In offering their endorsement of the bill, the Eagle Forum Education & Legal Defense Fund wrote, "a wide range of reforms, such as those contained in the Restoring America's Leadership in Innovation Act, are required if the U.S. patent system is to secure private property rights, promote progress of science and useful arts, and ensure that America remains the world's leader in innovation."

The original cosponsors of RALIA are bipartisan and include Rep. Marcy Kaptur (D-OH), Rep. Michael Cloud (R-TX), Rep. Warren Davidson (R-OH), Rep. Bob Good (R-VA), Rep. Paul Gosar (R-AZ), Rep. Marjorie Taylor Greene (R-GA), Rep. Clay Higgins (R-LA), Rep. Tom McClintock (R-CA), Rep. Alex Mooney (R-WV), Rep. Ralph Norman (R-SC), Rep. Bill Posey (R-FL), Rep. Chip Roy (R-TX), and Rep. Greg Steube (R-FL).

RALIA's text is available at this link


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