CSIS Experts Outline Four Key Reforms to Bolster U.S. Intellectual Property System

A robust and reliable intellectual property (IP) system remains a cornerstone of the United States’ innovation ecosystem. In today’s global landscape, where economic growth, national security, and competitiveness hinge on innovation strength, the U.S. must take deliberate steps to clarify and reinforce its IP framework.

While obtaining, maintaining, and enforcing patents in the U.S. has become increasingly challenging, other jurisdictions such as China and Europe have actively enhanced their patent systems. China, for example, has accelerated IP case adjudication by training technically skilled judges, clarifying patent eligibility rules, and reducing court costs. Although issues persist within China’s patent system, its proactive reforms underscore the need for the U.S. to similarly strengthen its IP regime to sustain a competitive innovation economy.

The Renewing American Innovation Project at CSIS convened a roundtable of experts who identified four critical initiatives to build a strong, reliable, and predictable U.S. IP ecosystem.

First, addressing inventor diversity is essential. Women and minority inventors have contributed significantly to American innovation, yet disparities remain stark. According to a U.S. Patent and Trademark Office (USPTO) Office of the Chief Economist report, women accounted for only 21.9 percent of all U.S. patents in 2019 and represented just 12.8 percent of inventor-patentees nationwide. Bipartisan legislation, including the Inventor Diversity for Economic Development (IDEA) Acts of 2019 and 2021, sought to empower the USPTO to collect voluntary demographic data—such as gender, race, military service, and veteran status—from patent applicants. These bills would have mandated public reporting to enable external research on patent disparities. Although these acts have not passed, the initiative remains a valuable approach to fostering inclusivity in innovation.

Second, patent eligibility under Section 101 of Title 35 of the U.S. Code continues to generate uncertainty. The U.S. Supreme Court’s 2014 Alice v. CLS Bank decision introduced a two-part test to determine patentable subject matter, but its application has proven inconsistent, creating unpredictability for inventors and investors. In response, Senator Thom Tillis introduced the Patent Eligibility Restoration Act of 2022 to clarify Section 101 standards; however, this legislation has yet to advance.

Third, enforcement remedies require reconsideration. The 2006 Supreme Court ruling in eBay Inc. v. MercExchange, L.L.C. eliminated the automatic presumption of injunctions upon patent infringement findings. Consequently, patent holders often cannot exclude infringers from the market, who may instead opt to pay damages while continuing competitive operations. Restoring the presumption that injunctions are appropriate remedies would strengthen patent holders’ rights and incentivize innovation.

Fourth, the administrative review processes established by the Leahy-Smith America Invents Act of 2011 have introduced challenges. Procedures like inter partes review (IPR) and post grant review (PGR) before the U.S. Patent Trial and Appeal Board (PTAB) lower the threshold for challenging patents compared to district courts. This has led to frequent petitions and repeated attacks on the same patents, undermining patent certainty. Senators Chris Coons and Tom Cotton introduced the Support Technology & Research for Our Nation's Growth and Economic Resilience (STRONGER) Patents Act in 2017 and 2019 to address these concerns, with a new version anticipated soon.

A strong intellectual property system underpins U.S. economic and technological leadership, incentivizing the invention and commercialization of critical technologies worldwide. Tackling these four issues—diversity in inventorship, patent eligibility clarity, enforcement remedies, and administrative review reforms—will help secure and enhance America’s IP rights and innovation capacity.

Hideki Tomoshige, research associate, and Sujai Shivakumar, director and senior fellow, contribute to the Renewing American Innovation Project at CSIS in Washington, D.C.

The Center for Strategic and International Studies is a nonpartisan, nonprofit institution focused on international public policy. The views expressed herein are those of the authors alone.