Patent Progress’s Guide to State Patent Legislation


More than half the states in the U.S. have some sort of law addressing bad faith assertions of patent infringement. The map and table below are current as 01/02/2019. See this post for more on some of the different types of state patent laws.

States Acting Against Bad Faith Patent Infringement Assertions (current as of 01/02/2019)

(mouse over the state to see what action its legislature has taken)

 

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The map will always show the most up-to-date version.

 

Summary by State (current as of 01/02/2019)

StateBillStatus
AlabamaAla. Code § 8-12ASigned into law
ArizonaH.B. 2386Signed into law
CaliforniaS.B. 681Stalled
ColoradoColo. Rev. Stat. § 6-12-101Signed into law
ConnecticutS.B. 258Considered in 2014 session; not reintroduced.
FloridaFlor. Stat. § 501.991Signed into law
GeorgiaGa. Stat. § 10-1-27ASigned into law
IdahoS.B. 1354Signed into law
IllinoisS.B. 3405Signed into law
IndianaH.B. 1102Signed into law
IowaS.S.B. 1028Introduced in Iowa Senate in previous session. No action since 2015.
KansasS.B. 38Signed into law
KentuckyH.B. 190Introduced in KY House in previous session. No action since 2016.
LouisianaS.B. 255Signed into law
MaineS.P. 654Signed into law
MarylandS.B. 585Signed into law
MassachusettsAdded as amendment to H. 4732.Passed MA legislature in 2018; section relating to bad faith infringement vetoed by Gov. Charlie Baker
MichiganS.B. 289Signed into law
MinnesotaS.F. 1321 Signed into law
MississippiH.B. 589Signed into law
MissouriS.B. 706Signed into law
MontanaSB 39Signed into law
NebraskaL.B. 677Considered in previous session. No action since 2014.
New HampshireS.B. 303Signed into law
New JerseyS. 2189Introduced in NJ Senate in 2018.
North CarolinaS.B. 648Signed into law
North DakotaHB 1163Signed into law
OhioH.B. 194Considered in previous session. No action since 2015.
OklahomaH.B. 2837Signed into law
OregonS.B. 1540Signed into law
PennsylvaniaH.B. 1775Introduced in 2018 session in the House.
Rhode IslandH.B. 7425Signed into law
South CarolinaH. 3682 Signed into law
South DakotaS.B. 143Signed into law
TennesseeH.B. 2117Signed into law
TexasSB 1457 Signed into law
UtahUtah H.B. 117Signed into law
VermontVermont's Act 44Signed into law
VirginiaH.B. 375Signed into law
WashingtonSB 5059Signed into law
WisconsinS.B. 498 (Act 339)Signed into law
WyomingS.F. 65Signed into law