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S 3960118th CongressFailed / ExpiredSenate

A bill to amend title 35, United States Code, to provide a good faith exception to the imposition of fines for false assertions and certifications, and for other purposes.

Policy Area: Commerce
View on Congress.gov
Origin Chamber
Senate
Last Updated
Jul 21, 2025
Latest Action Date
Dec 17, 2024

Latest Action

Became Public Law No: 118-151.

Official Summary

Official summary has not been imported yet.

GovScope Watchdog™

AI Government Intelligence™
Executive Summary

This bill, enacted as Public Law No: 118-151, amends title 35 of the United States Code to introduce a good faith exception to the imposition of fines related to false assertions and certifications. The legislation aims to modify the legal framework governing penalties for false claims in patent-related matters, potentially reducing penalties when false assertions or certifications are made in good faith. The bill falls under the Commerce policy area and was introduced in the Senate during the 118th Congress.

Bottom Line

The law provides a good faith exception to fines for false assertions and certifications in patent law, potentially affecting enforcement and penalty practices.

Policy Risk Level
🟡 Medium
Neutral Risk Assessment
Key Points
  • Amends title 35, United States Code, concerning fines for false assertions and certifications.
  • Establishes a good faith exception to the imposition of such fines.
  • Enacted as Public Law No: 118-151 on December 17, 2024.
Who Benefits?

['Patent holders and applicants who may face fines for false assertions or certifications.', 'Legal practitioners and entities involved in patent litigation and enforcement.', 'Commerce-related agencies overseeing patent regulations.']

Potential Concerns

["Implementation challenges in determining what constitutes 'good faith' in false assertions or certifications.", 'Potential for reduced deterrence against false claims if the good faith exception is broadly applied.', 'Oversight mechanisms may need adjustment to accommodate the new exception.']

Political Context

The bill was introduced and passed in the Senate during the 118th Congress and became law in late 2024. It addresses issues within patent law enforcement, specifically the penalties for false assertions and certifications, reflecting ongoing legislative attention to intellectual property regulation within the Commerce policy area.

Hidden Impact Review

Hidden impact flags detected: 2

GovScope reviewed 2 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.

2 Detected
Detected Flags
Indirect Effects

['Possible reduction in the number of fines imposed for false patent assertions due to the good faith exception.', 'Potential increase in litigation or disputes over the interpretation of good faith in patent claims.', 'Adjustment in patent enforcement strategies by agencies and private parties.']

GovScope Watchdog Notes

The absence of the full bill text and detailed summary limits comprehensive analysis. Transparency regarding the criteria for the good faith exception and enforcement guidelines will be important for public understanding and oversight. Monitoring how this exception is applied in practice will be necessary to assess its impact on patent law enforcement.

Passage Likelihood: HighConfidence: 85%Model: gpt-4.1-mini

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