This bill matters because it would fundamentally alter the balance between patent holders and those who challenge patents. Currently, inter-partes reviews and post-grant reviews are often faster and less expensive ways to challenge patent validity compared to traditional court lawsuits. They were created to provide a more efficient mechanism for correcting mistakenly issued patents and promoting innovation.

If this bill becomes law, these administrative challenges would largely disappear as effective tools, as patent owners would rarely consent to reviews that could invalidate their patents. This would likely strengthen the position of patent owners, potentially increasing the value and certainty of their patents. However, it could also make it harder to overturn patents that might be invalid, potentially stifling competition and innovation by allowing weak patents to remain in force, and pushing more challenges into the costlier and longer federal court system.