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Congress·In Committee

Bipartisan Bill Proposes Major Reforms to Protect US Patents and Stop Fee Diversion

PREVAIL Act

10 months ago·View on Congress.gov

Legislative Progress

✓ Filed
Review
Senate
House
President

Key Points

  • This bill aims to protect American inventors by making it harder for companies to challenge existing patents. It requires people who want to cancel a patent to prove it is invalid using 'clear and convincing evidence,' which is a higher standard than the one currently used by the government's patent review board.
  • The policy prevents 'double-dipping' by requiring challengers to choose one place to fight a patent. If a company chooses to challenge a patent through the Patent Office, they generally cannot use the same arguments to fight that patent in a regular court at the same time.
  • It changes who is allowed to challenge a patent. Under these rules, a person or company can only try to cancel a patent if they have actually been sued for using it, have been threatened with a lawsuit, or can prove they are honestly planning to use the technology in a way that might lead to a legal dispute.
  • The bill ensures that all fees paid by inventors to the Patent and Trademark Office stay within that agency. Currently, some of that money can be taken by the general government for other uses; this change creates a permanent fund to make sure the money is used only to process applications and run patent programs.
  • Small businesses and universities would get extra help, including expanded access to lower 'micro-entity' fees for college researchers. The Patent Office would also be required to provide its professional search tools and training materials online for free so that everyday people can research inventions without paying high costs.
Economy FinanceTechnology DigitalEducation

Impact Analysis

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions
May 1, 2025Senate

Read twice and referred to the Committee on the Judiciary.

May 1, 2025

Introduced in Senate

Related News

3 articles
Ropes & Gray·2 days ago

Patent Reform in the Pipeline: Implications for Industry

Reintroduced in May 2025, the PREVAIL Act proposes reforms to the PTAB to create a more efficient process by limiting simultaneous challenges in the Patent Office and district courts. It requires standing for challengers and aligns evidentiary standards with those used in federal courts.

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Sterne Kessler·9 months ago

The PREVAIL Act Is Back. Will It Prevail This Time?

Senators Coons and Tillis reintroduced the PREVAIL Act on May 1, 2025. Key provisions include imposing a presumption of validity requiring 'clear and convincing' evidence for invalidity and precluding defendants from bringing PTAB challenges if they are already litigating in District Court.

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Jenner & Block·about 1 year ago

PREVAIL Act Advances to the Senate: Potential Implications for Patent Challenges

The Act aims to reform PTAB procedures to limit Inter Partes Review. It introduces a standing requirement similar to Article III standing, meaning only those sued or threatened with a lawsuit can challenge a patent, and raises the burden of proof to the 'clear and convincing' standard.

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Source Information

Document Type

Congressional Bill

Official Title

PREVAIL Act

Bill NumberS 1553
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on the Judiciary.

Sponsor

Cosponsors

(3)
D: 2R: 1

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.