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Code · BILL · 117th Congress · H.R. 4792 (Introduced in House) — To counter the malign influence and theft perpetuated by the People’s Republic of China and the Chinese Communist Party. · Sec. 810

Sec. 810. Inventor protections

252 words·~1 min read·/bill/117/hr/4792/ih/section-810·

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Chapter 32 of title 35, United States Code, is amended by adding at the end the following new section: The United States Patent and Trademark Office shall not undertake a proceeding to reexamine, review, or otherwise make a determination about the validity of an inventor-owned patent without the consent of the patentee. Any civil action for infringement of an inventor-owned patent or any action for a declaratory judgment that an inventor-owned patent is invalid or not infringed may be brought in a judicial district— in accordance with section 1400(b) of title 28; where the defendant has agreed or consented to be sued in the instant action; where an inventor named on the patent in suit conducted research or development that led to the application for the patent in suit; where a party has a regular and established physical facility that such party controls and operates, not primarily for the purpose of creating venue, and has— engaged in management of significant research and development of an invention claimed in a patent in suit prior to the effective filing date of the patent; manufactured a tangible good that is alleged to embody an invention claimed in a patent in suit; or implemented a manufacturing process for a tangible good in which the process is alleged to embody an invention claimed in a patent in suit; or in the case of a foreign defendant that does not meet the requirements of section 1400(b) of title 28, in accordance with section 1391(c)(3) of such title. .
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