The PREVAIL Act. Its goals, key reforms, and the broader implications for U.S. patent policy.

In the fight to strengthen America’s technological edge and support its innovators, the PREVAIL Act—short for Promoting and Respecting Economically Vital American Innovation Leadership—has emerged as a marquee piece of bipartisan legislation.

What Is the PREVAIL Act?

The PREVAIL Act, introduced in 2023 and reintroduced in 2025, aims to modernize the Patent Trial and Appeal Board (PTAB) and address flaws in current patent proceedings that hinder innovation. It seeks to bolster patent holders — especially inventors, small businesses, universities, and startups — by rebalancing the scales against procedural abuse.

Key Reform Measures

1. Standing Requirement

   • Requires that only parties who have been sued for patent infringement or have standing in court can file IPR or PGR petitions.

   • Closes the loophole that allowed third parties to mount speculative challenges.

     
     

2. Presumption of Validity & Higher Burden

   • Aligns PTAB proceedings with district courts by requiring patent invalidity to be proved by clear and convincing evidence—not just the lower “preponderance of the evidence.”

     
     

3. Estoppel Upon Filing & Limit on Serial Petitions

   • Applies estoppel when a PTAB petition is filed, not just after a final decision.

   • Prevents “serial” or repeated petitions challenging the same patent.

     
     

4. One Forum Rule

   • Forces petitioners to pick either PTAB or district court (or ITC) for their challenges—no more forum shopping or parallel proceedings.

     
     

5. Independent PTAB Panels

   • Prohibits judges who make institution decisions from also sitting on the final decision.

   • Shields PTAB from director influence, enhancing independence and fairness.

     
     

6. Transparency & Funding Protections

   • Requires USPTO to make public search tools and materials freely available online.

   • Ends fee diversion to ensure PTAB has dedicated resources for handling proceedings efficiently.

     
     

Why It Matters

• Restores Fairness: Prevents the PTAB from being misused to frustrate legitimate patent rights—especially those held by individual inventors and universities.

  
  

• Enhances Consistency: Harmonizes standards between PTAB and district courts, reducing contradictory outcomes and increasing predictability.

  
  

• Reduces Abuse: Curtails strategic harassment of patent owners through repetitive filings—allowing inventors peace of mind and “quiet title” protection.

  
  

Who Supports It—and Why

• Bipartisan Backing: Led by Senators Coons, Tillis, Durbin, Hirono, and Representatives Ross and Moran—gains traction across party lines.

  
  

• Industry & Innovation Allies: Endorsed by groups like BIO, IEEE-USA, Innovation Alliance, C4IP, AIPLA—all emphasizing the Act’s importance in reviving patent confidence.

  
  

Criticism & Opposition

• Concerns from PTAB Supporters: Coalitions of tech, retail, generic manufacturers, and civil groups warn that the Act could weaken defenses against invalid patents and burden the patent system.

  
  

Critics argue that limiting PTAB’s role could allow low-quality patents to persist, harming industry and public interest.

Context and Legislative Status

• Initially passed the Senate Judiciary Committee in late 2024 (11–10 vote), and reintroduced in 2025 with full bipartisan support.

  
  

• Reflects legislators’ growing concern that current PTAB practices disadvantage U.S. innovators and benefit foreign competitors exploiting ambiguous or lax rules.

  
  

Final Thoughts

The PREVAIL Act marks a significant bipartisan step toward restoring confidence in America’s patent system and strengthening innovation leadership. By promoting fairness, consistency, and clarity in patent challenges, the Act empowers creators to invest boldly in the technologies of tomorrow.

Click here to read the proposed bill.