H.R. 5902 · 117th Congress · House

CLEAR Patents Act of 2021

Active· Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Introduced
Nov 5, 21
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Conducting Legally Efficient Administration and Resolution of Patents Act of 2021 or the CLEAR Patents Act of 2021

This bill establishes that a federal agency proceeding pertaining to a patent shall, in certain instances, be stayed while certain administrative validity challenges to that patent are pending.

Specifically, if the U.S. Patent and Trademark Office institutes an inter partes review (IPR) or a postgrant review (PGR) of a patent and the cancellation of one of the patent's claims would materially affect a federal agency proceeding, that proceeding must be stayed until the IPR or PGR has been decided or otherwise terminated.