The bipartisan PREVAIL Act strengthens U.S. innovation by reforming PTAB proceedings. It raises the burden of proof, curbs serial challenges, limits forum shopping, and aligns standards with district courts—with the goal of restoring fairness for inventors, startups, and universities.

IPR and district court litigation apply very different standards. IPRs favor challengers with a lower burden of proof, specialized judges, limited evidence, and faster timelines. Litigation favors patent owners with a higher burden of proof, broader evidence, jury trials, and longer timelines. These differences drive strategy for both sides in patent disputes.

On July 31, 2025, the USPTO issued new guidance reinforcing the requirement under 37 C.F.R. § 42.104(b)(4) that IPR petitions must specify precisely where each element of the challenged claim is found in the cited prior art patents or printed publications. This policy shift—prompted by recent Federal Circuit decisions—strengthens patent owners’ procedural defenses and raises the bar for petitioners, ensuring that only fully developed and evidence-based challenges move forward.