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HR 3160119th CongressIntroduced
PREVAIL Act
Introduced: Oct 29, 2025
Defense & National SecurityEconomy & TaxesTechnology & Innovation
Standard Summary
Comprehensive overview in 1-2 paragraphs
The PREVAIL Act amends U.S. patent law to strengthen inventor protections, reform the Patent Trial and Appeal Board, prevent repetitive patent challenges, enhance presumption of patent validity, eliminate USPTO fee diversion, and support small businesses and universities within the patent system to maintain U.S. innovation leadership and economic competitiveness against global threats.
Key Points
- 1Establishes mandatory 3-member panels for PTAB reviews with strict code of conduct requirements mirroring judicial ethics standards to ensure impartiality and consistency.
- 2Shifts burden of proof in patent challenges to clear and convincing evidence standard while reinforcing statutory presumption of validity for issued patents.
- 3Prohibits repetitive patent challenges through expanded estoppel rules and real party in interest disclosures to prevent strategic harassment of patent owners.
Impact Areas
U.S. inventors and patent holdersTechnology and pharmaceutical companiesSmall businesses and universitiesU.S. Patent and Trademark Office operations
Generated by legislative-analyst-v1 on Nov 8, 2025