PREVAIL Act

Key Points

• Makes it harder to knock out a patent in the Patent Office by requiring stronger proof and keeping the patent’s legal “benefit of the doubt.”
• Limits repeat or copycat challenges to the same patent and pushes disputes into one main place, so the same fight isn’t re-litigated in multiple forums.
• Requires more transparency in patent challenges by identifying who is really funding or behind a challenge, not just the company named on the paperwork.
• Adds new fairness rules for the patent judge board, like a code of conduct, three-judge panels, and limits on behind-the-scenes influence.
• Changes Patent Office funding so its collected fees stay with the Patent Office, and expands who can qualify for reduced fees tied to colleges and related nonprofits. (Also puts more patent search tools and training online for free.)