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S 1553119th CongressIntroduced
PREVAIL Act
Introduced: Oct 29, 2025
Civil Rights & JusticeEconomy & TaxesTechnology & Innovation
Standard Summary
Comprehensive overview in 1-2 paragraphs
The PREVAIL Act comprehensively reforms U.S. patent law to strengthen inventors' rights, address systemic flaws in post-grant proceedings, and bolster American innovation competitiveness against foreign threats like China's IP exploitation strategies while ensuring USPTO financial stability through fee retention.
Key Points
- 1Mandates three-judge panels for PTAB reviews with strict conflict-of-interest rules and a judicial code of conduct to prevent supervisory interference in patent validity decisions
- 2Requires clear and convincing evidence standard for invalidating existing patent claims while aligning claim construction with federal court practices to increase patent stability
- 3Implements single-forum rules prohibiting repetitive challenges by barring parallel court/ITC validity proceedings once PTAB review is instituted to prevent patent owner harassment
Impact Areas
Individual inventors and small technology businessesUnited States Patent and Trademark Office operations and fundingGlobal technology competitiveness and national security infrastructure
Generated by Legislative Analysis Specialist v3.1 on Nov 8, 2025