Representative Thomas Massie (R-KY4) and co-sponsor Marcy Kaptur (D-OH) introduced bipartisan legislation, HR 5811, the Restoring America’s Leadership in Innovation Act (RALIA). This bill would put a halt to and reverse many of the adverse changes to our patent system that the Leahy-Smith America Invents Act of 2011 established, changing our patent system from being the best in the world to one that has nearly destroyed inventors’ rights. The America Invents Act (AIA) of 2011 was H.R. 1249 in the House and S. 23 in the Senate. The House Judiciary Committee played a significant role in advancing the legislation.
In his press release, Congressman Massie stated, “The RALIA legislation restores to Americans a patent system as the Constitution of the United States originally envisioned it…In Article 1, Section 8 of the Constitution, the Founding Fathers gave Congress the authority to protect the discoveries of inventors. Specifically, they created a patent system to ‘promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’ Regrettably, Congress’s 2011 enactment of the Leahy-Smith ‘America Invents Act’ has worked in concert with several Supreme Court decisions to erode this protection’s strength and value.”
The press release also states: “RALIA affirms that a patent secures private property rights, allows inventors to get injunctions again against intellectual property thieves, restores inventors’ rights to defend their inventions in court by abolishing the Patent Trial and Appeal Board, and ends the automatic publication of patent applications unless a patent is granted.
Congressman Massie’s RALIA legislation is supported by organizations including AMAC Action, American Policy Center, Americans for Limited Government, Center for American Principles, Conservatives for Property Rights, Eagle Forum Education & Legal Defense Fund, IEEE-USA, Less Government, Let Freedom Ring, 60 Plus Association, the Small Business Technology Council, Taxpayers Protection Alliance, Tea Party Patriots Action, The Committee for Justice, Tradition Family Property Inc., U.S. Business & Industry Council, US Inventor, and Veterans Intellectual Property.”
Rep. Massie first introduced RALIA as H.R.5874 – Restoring America’s Leadership in Innovation Act of 2021 to the 117th Congress (2021-2022) and then as HR 8134, the Restoring America’s Leadership in Innovation Act (RALIA) to the 118th Congress (2023-2024) on April 16, 2024 with Rep. Marcy Kaptur (D-OH) as co-sponsor. Neither of the above bills was approved by the IP subcommittee to be voted on by the Judiciary Committee to be released for a vote of the full House.
The protocol is for a bill to be introduced to the appropriate subcommittee of the appropriate House Committee. In the case of legislation related to patents, it would first be introduced to the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet (commonly referred to as the “IP Subcommittee”), which oversees intellectual property matters. The Senate has a similar subcommittee Intellectual Property (IP) Subcommittee of the Judiciary Committee.
Here’s a detailed breakdown based on publicly available Congressional records and official committee rosters for the IP subcommittee:
1. Intellectual Property Subcommittee Members by Congress
A. 117th Congress (2021–2022)
Chair: Hank Johnson (D-GA)
Ranking Member: Darrell Issa (R-CA)
Democratic Members:
- Hank Johnson (GA, Chair)
- Jerry Nadler (NY)
- Zoe Lofgren (CA)
- Sheila Jackson Lee (TX)
- Steve Cohen (TN)
- Karen Bass (CA)
- Mary Gay Scanlon (PA)
- Madeleine Dean (PA)
- Deborah Ross (NC)
Republican Members:
- Darrell Issa (CA, Ranking)
- Jim Jordan (OH)
- Ken Buck (CO)
- Steve Chabot (OH)
- Mike Johnson (LA)
- Tom Tiffany (WI)
B. 118th Congress (2023–2024)
Chair: Darrell Issa (R-CA)
Ranking Member: Hank Johnson (D-GA)
Republican Members:
- Darrell Issa (CA)
- Tom Tiffany (WI)
- Scott Fitzgerald (WI)
- Ben Cline (VA)
- Cliff Bentz (OR)
- Jim Jordan (OH, ex officio)
Democratic Members:
- Hank Johnson (GA)
- Mary Gay Scanlon (PA)
- Deborah Ross (NC)
- Madeleine Dean (PA)
- Jerry Nadler (NY, ex officio)
C. 119th Congress (2025–2026)
Chair: Darrell Issa (R-CA)
Ranking Member: Hank Johnson (D-GA)
Republican Members:
- Darrell Issa (CA)
- Thomas Massie (KY)
- Ben Cline (VA)
- Scott Fitzgerald (WI)
- Lance Gooden (TX)
- Kevin Kiley (CA)
- Laurel M. Lee (FL)
- Russell Fry (SC)
- Michael Baumgartner (WA)
Democratic Members:
- Hank Johnson (GA)
- Zoe Lofgren (CA)
- Ted Lieu (CA)
- Joe Neguse (CO)
- Deborah K. Ross (NC)
- Eric Swalwell (CA)
- Sydney Kamlager-Dove (CA)
- Source: House Judiciary Committee website, Subcommittee Rosters for 117th and 118th Congress (PDFs), and Subcommittee Roster for 119th Congress
The biggest problem for getting the RALIA bills approved by the IP Subcommittee and Judiciary Committee of the 117th and 118th Congress is that there were notable Judiciary Committee members who co-sponsored the AIA during the 112th Congress (2011–2012):
- Lamar Smith (R-TX) – Chairman of the Judiciary Committee; Principal Sponsor of H.R.1249.
- Bob Goodlatte (R-VA) – Judiciary Committee member; Original co-sponsor.
- Howard Coble (R-NC) – Judiciary Committee member; Original co-sponsor.
- Darrell Issa (R-CA) – Judiciary Committee member; Co-sponsor.
- Mel Watt (D-NC) – Judiciary Committee member; Co-sponsor.
Source: Congress.gov – H.R. 1249 (America Invents Act) Co-sponsors\
Of these co-sponsors, only Congressman Darrell Issa is still on the IP subcommittee, but he has considerable influence as Chair of the subcommittee.
All three versions of the RALIA bills would repeal the Patent Trial and Appeal Board (PTAB), inter partes review (IPR) and post-grant review (PGR;) return the patent system to a “first-to-invent” model, rather than first-to-file, and would end automatic publication of patents. Inventor groups such as US Inventor and conservative groups have supported the legislation
The US Inventor website states: “Recent legislation and court decisions have all but destroyed what once was the world’s “gold standard” patent system, established by our Founders within our U.S. Constitution. Unless something is done soon, our Patent System will be pretty much ravaged, and with it, the American Dream.”
Randy Landreneau, President of US Inventor, Inc. stated, “RALIA returns the US Patent System to what it was prior to the negative changes from bad law and Supreme Court decisions that have greatly harmed American inventors and startups. These changes have 1) enabled monopolies by making it infinitely harder for startups to compete and 2) allowed China to threaten to take the lead in almost all key, future technologies. RALIA will not only restore America’s leadership in innovation, it will restore the American Dream for millions.”
Dirk Tomsin, Chief Operating Officer of US Inventor, Inc., stated “Unlike PERA, PREVAIL, and RESTORE—which fall short of addressing the core problems—the Restoring America’s Leadership in Innovation Act uses the correct statutory language to truly fix the problem. If we were to compare the patent system with the PTAB to a patient with a tumor. RALIA is the operation that removes that tumor.”
As a member of US Inventor and a board member of the San Diego Inventors Forum for 11 years, I understand the importance of safeguarding intellectual property and fostering an environment where inventors can thrive and strongly support this legislation. My call to action is, if your Congressman is a member of the current IP subcommittee, contact them to express your support for HR 5811, the Restoring America’s Leadership in Innovation Act (RALIA).


