The Balancing Incentives Act of 2025 would change patent law by requiring patent owners to give their permission before someone can file a challenge to their patent. Specifically, the bill adds a new consent requirement to two existing patent challenge procedures—inter-partes review and post-grant review—which are used to question whether a patent should have been issued in the first place. Currently, competitors or other parties can file these challenges without the patent owner's knowledge or approval. This change would give patent owners more control over patent disputes and could make it harder to challenge existing patents. The bill does not specify any funding, implementation timeline, or enforcement mechanisms. Patent owners, competitors, and the broader innovation community would be affected by this shift in how patent challenges work.
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