To amend title 35, United States Code, to invest in inventors in the United States, maintain the United States as the leading innovation economy in the world, and protect the property rights of the inventors that grow the economy of the United States, and for other purposes.
Introduced by Mr. Coons (D-DE) , Mr. Tillis (R-NC), Mr. Durban (D-IL) and Ms. Hirono (D- HI) on July 10, 2023.
Patented inventions are critical for sustaining U.S. economic growth, protecting national security, and ensuring global technological leadership. Patents incentivize investments in research and development (R&D) and enable commercialization of emerging technologies that bolster the U.S. competitive edge in global innovation. The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) reforms rules and procedures at the Patent Trial and Appeal Board (PTAB) to better secure and advance U.S. technological leadership. The PTAB is the administrative body designed to provide a faster process for adjudicating patent validity than going to federal district court.
The United States is ceding technological supremacy to China. A recent State Department study found that the U.S. lags behind China in 37 out of 44 emerging technology areas—including defense, space, robotics, energy, biotechnology, artificial intelligence (AI), and advanced materials manufacturing. Former U.S. Patent and Trademark Office (USPTO) Directors from both Democratic and Republican administrations have explained that “China’s extensive investments” in “strengthening its intellectual property” system has “enabled it to catch up to, and in some areas surpass, our capabilities in [AI] and other emerging technologies.”
To compete globally, the U.S. must similarly invest in protecting intellectual property rights. However, the PTAB has become a forum where patent claims are consistently invalidated, weakening the United States’ ability to compete on the global stage. According to USPTO data, about 80 percent of instituted PTAB proceedings that reach a final written decision result in the invalidation of at least one challenged patent claim, with 65 percent of those proceedings resulting in the invalidation of all challenged patent claims.1
The PREVAIL Act makes commonsense reforms to the PTAB to promote fair treatment for inventors, improve efficiency, and ensure that the USPTO has the resources it needs to effectively administer a patent system that incentivizes American innovation and enables U.S. inventors to compete.
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