S 1553 · 119th Congress · Commerce

PREVAIL Act

Introduced 2025-05-01· Sponsored by Sen. Coons, Christopher A. [D-DE]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Read twice and referred to the Committee on the Judiciary.(2025-05-01)

Plain Language Summary

[AI summary unavailable — showing source text] Promoting and Respecting Economically Vital American Innovation Leadership Act or the PREVAIL Act This bill addresses various issues relating to the U.S. Patent and Trademark Office (USPTO), including by imposing additional requirements on administrative patent validity challenges (proceedings to review and potentially cancel issued patents) at the USPTO. The bill modifies provisions relating to inter partes reviews (IPRs) and other administrative patent validity proceedings, including by prohibiting an administrative patent judge who participated in deciding whether to institute an IPR (i.e., whether to allow the IPR to proceed based on the initial petition) from also participating in deciding the final outcome of the same IPR; prohibiting a person (individual or entity) from petitioning for an IPR against a patent unless the person meets certain standing requirements (currently, any person may petition for an IPR); prohibiting a person who has challenged a patent's validity in an IPR from raising the same challenges against the patent in other proceedings (e.g., district court) if the IPR has been instituted; and raising the burden that the petitioner in an IPR must meet to inval…

Summarized by Claude AI · Non-partisan · For informational purposes only

Cosponsors (3)

2 Democrats1 Republican