,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #feeg ,,in ,,the ,,house ,,of ,,representatives ,july #bf1 #bjah,mr4 ,rohrabacher introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ce1 ,united ,states ,code1 to restore patent rights to inventors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,inventor ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,inventors have historically contributed significantly to innovation in the ,united ,states1 and their continued dedication to inventing and sharing solutions to modern technical challenges is essential for the ,united ,states to maintain leadership in the global economy4 7#b7 ,inventors1 not employees or investors1 are the source of innovation intended by the ,constitution 78securing to inventors07 and the ,patent ,act 78,whoever invents or discovers ''' may obtain a patent therefore ''' 74 7#c7 ,recent changes to patent laws and procedures and ,supreme ,court decisions have adversely affected inventors such that the promise of article ,i1 section #h of the ,constitution of 8securing for limited times to inventors the exclusive right to their discoveries0 is no longer attainable4 7#d7 ,inventors are denied the fundamental right to 8exclude others0 by the ,supreme ,court's #bjjf decision in e,bay ,inc4 v4 ,merc,exchange1 ,l4,l4,c4 7#e7 ,inventors were stripped of the right to file suit in their own judicial district by the ,supreme ,court's #bjag decision in ,,tc ,heartland ,l4,l4,c4 v4 ,kraft ,foods ,group ,brands ,l4,l4,c4 7#f7 ,issued patents fail to secure inventors their exclusive rights because-- 7,a7 the ,patent ,trial and ,appeal ,board declares #he percent of granted patents invalid in postgrant reviews2 7,b7 many patents are subjected to multiple postgrant reviews2 and 7,c7 most inventors cannot afford the costs of defending a patent challenged in a single postgrant review1 as these costs can reach hundreds of thousands of dollars4 7#g7 ,infringement trials can cost tens of millions of dollars and can take up to ten years to reach a final judgment after all appeals1 making legal relief unattainable for inventors4 7#h7 ,these obstacles have given rise to an 8efficient infringement0 business model whereby large corporations infringe patent rights held by inventors without concern for any legal consequences4 7#i7 ,patent protection has led to patient cures1 positive changes to the standard of living for all people in the ,united ,states1 and improvements to the agricultural1 telecommunications1 software1 biotech1 pharmaceutical1 and electronics industries1 among others4 #c4 ,inventor protections 7a7 ,inventor-,owned patent ,section #ajj of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7k7 ,the term inventor-owned patent means a patent held entirely by the inventor of the claimed invention4 4 7b7 ,inventor-,owned patent protections ,chapter #cb of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ccj4 ,inventor protections 7a7 ,patent and trademark office sole jurisdiction ,no executive entity other than the ,patent and ,trademark ,office may reexamine1 review1 or otherwise make a determination about the validity of an inventor-owned patent4 7b7 ,protection from administrative proceedings ,the ,patent and ,trade ,office may not reexamine1 review1 or otherwise make a determination about the validity of an inventor-owned patent unless voluntarily agreed to by the inventor4 7c7 ,choice of ,venue 7#a7 ,in general ,an inventor may bring a civil action involving an inventor-owned patent in any district where the defendant is subject to the court's personal jurisdiction or where the defendant has committed an act of infringement1 regardless of whether the defendant has a regular and established place of business in such district4 7#b7 ,venue for declaratory judgment claim ,if an inventor is a citizen or a lawful permanent resident of the ,united ,states1 any claim for declaratory judgement relating to any inventor-owned patent the inventor owns may only be entered in the district where such inventor is domiciled or a district for which such inventor has consented to jurisdiction4 7#c7 ,transfer of ,action ,involving ,inventor ,if an inventor is a party to a civil action involving an inventor-owned patent the inventor owns1 the court may not transfer the action to another district for convenience without consent of the inventor4 7d7 ,expedited judicial proceedings ,unless voluntarily waived1 an inventor asserting an inventor-owned patent in a civil action under section #bha shall be entitled to-- 7#a7 a trial within #ab months after service of a complaint1 with prioritization in the court's docket1 if necessary2 7#b7 a trial no more than #g days in duration2 7#c7 a maximum of #aj discovery requests for each party2 7#d7 pleadings limited to #ajj1jjj words per party2 and 7#e7 such other provisions as the court determines appropriate to ensure relief is accessible to the inventor4 7e7 ,presumption of irreparable harm 7#a7 ,presumption ,upon finding infringement of an inventor-owned patent1 the court shall presume that any infringement of such patent causes the inventor irreparable harm4 7#b7 ,overcoming the presumption ,the presumption described in paragraph 7#a7 may be overcome if the infringing party shows clear and convincing evidence that the inventor would not be irreparably harmed by further infringement of the patent4 7f7 ,simplified damages 7#a7 ,alternative relief ,an inventor that asserts a claim for infringement of an inventor-owned patent in a civil action under section #bha may elect relief under this subsection in lieu of relief under section #bhd4 7#b7 ,relief under this subsection ,if a request for relief under this subsection is made1 the following provisions apply3 7,a7 ,in general ,upon a finding of infringement1 the court shall award damages equal to the sum of-- 7i7 the greater of-- 7,i7 the total profits attributable to the infringing party's use of the patented invention2 or 7,,ii7 #be percent of the sales attributable to the infringing party's use of the patented invention2 and 7ii7 any interest and costs as fixed by the court4 7,b7 ,infringement found willful 7i7 ,treble damages available ,if the court finds the infringement to be willful1 the court may award damages equal to no more than three times the amount of any damages found in subparagraph 7,a71 but shall not include any royalty payments4 7ii7 ,presumption of willfulness ,infringement shall be presumed willful if the infringing party is an expert in the field of the invention4 7,c7 ,attorneys fees ,if an inventor successfully brings a claim for infringement of their inventor-owned patent1 the court shall award the inventor any amount of their attorneys fees that exceeds #aj percent of the amount of any damages the court awards to the inventor4 4 7c7 ,technical and conforming amendment ,the table of sections for chapter #cb of title #ce1 ,united ,states ,code1 is amended by adding at the end the following3 #ccj4 ,inventor protections4 4