PlainBillCongress, translated.Legislation. Context. Public interest.Hearings Held on Issue by Subcommittee on Courts, the Internet, and Intellectual Property. The Amendment in the Nature of a Substitute to H.R. 2795.
Congressional Research Service
Version 00 · Introduced in House · Jun 8, 2005
Patent Reform Act of 2005 - Revises conditions under which a patent may be obtained for an invention, including by: (1) providing for joint research agreements; (2) giving patent priority to the first filed patent application (currently, priority is given to the first invention); and (3) amending provisions related to patents internationally.
Gives an inventor a right to apply for and obtain a patent, subject to conditions and regulations. (Current law allows inventors to obtain a patent.)
Requires the Director of the United States Patent and Trademark Office (USPTO) to: (1) impose a duty of candor and good faith on individuals associated with the filing and prosecution of an application and on individuals who are parties adverse to a patent or application for patent in contested cases before USPTO; and (2) establish a special office to investigation violations of such duty.
Showing the opening paragraphs of the official summary.
Revises provisions regarding treble damages for willful infringement of a patent.
Allows the Director to limit the ability of patent applicants to get the benefit of the filing date of a prior-filed application.
Expands the publication of patent applications.
Revises provisions regarding the infringement defense based on prior use of the subject matter of a patent before the effective filing dates.
Sets forth procedures and requirements for opposing a patent grant.
Allows third parties to submit relevant information for inclusion in the record of a patent application.
People & committees
Rep. Smith, Lamar [R-TX-21] · R–TX
Legislative record
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Hearings Held on Issue by Subcommittee on Courts, the Internet, and Intellectual Property. The Amendment in the Nature of a Substitute to H.R. 2795.
Subcommittee Hearings Held.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We currently store references to these documents.
Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.
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Analyze H.R.2795 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine H.R.2795 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine H.R.2795 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
Examine H.R.2795 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.