Advancing American Innovation Act

Section 2 amends section 337 of the Tariff Act of 1930 to ensure that Commission resources focus on protecting genuine domestic industries and safeguarding public health, welfare, and the United States economy. This may benefit the public and domestic businesses by prioritizing fair competitive conditions.

• Section 2 adds a requirement that the Commission identify dispositive issues for expedited fact-finding and an abbreviated hearing within 100 days of an investigation beginning. This could speed up the process for individuals and groups involved in these investigations.

• Section 3 adds transparency rules regarding third party litigation funding in patent infringement proceedings. Complainants must disclose the identity, address, and place of business of any third party funder, as well as provide related agreements for inspection and copying, which helps bring openness to who is funding legal actions.

Section 2 states that a complainant cannot rely on activities by its licensees unless the license leads to the adoption and development of articles incorporating the claimed intellectual property for sale in the United States. This restriction might negatively impact complainants who rely on licensing arrangements that do not meet this specific production standard.

• Section 3 mandates that complainants in patent infringement proceedings must file and serve detailed disclosures regarding third party funders and related agreements within strict timeframes. Complainants who fail to comply in full with these new disclosure requirements face appropriate sanctions imposed by the Commission.