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PREVAIL Act

USA118th CongressHR-4370| House 
| Updated: 6/27/2023
Ken Buck

Ken Buck

Republican Representative

Colorado

Cosponsors (3)
Nathaniel Moran (Republican)Deborah K. Ross (Democratic)Bill Posey (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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 (PTO), including by imposing additional requirements on administrative patent validity challenges (proceedings to review and potentially cancel issued patents) at the PTO. 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 has been sued for or charged with infringing that patent, whereas 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 invalidate a previously-issued patent claim. This bill also makes institutions of higher education (IHEs) and nonprofit entities that hold patents on behalf of IHEs eligible for reduced patent-related fees, including filing fees. (Currently, employees of IHEs are eligible for reduced fees but not the IHEs themselves.) The bill also makes fees collected by the PTO available for the PTO's use without further appropriations from Congress, whereas currently some of the collected fees are subject to appropriations.
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Timeline
Jun 27, 2023
Introduced in House
Jun 27, 2023
Referred to the House Committee on the Judiciary.
Dec 2, 2024

Latest Companion Bill Action

S 118-2220
Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
  • June 27, 2023
    Introduced in House


  • June 27, 2023
    Referred to the House Committee on the Judiciary.


  • December 2, 2024

    Latest Companion Bill Action

    S 118-2220
    Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

Commerce

Related Bills

  • S 118-2220: PREVAIL Act

PREVAIL Act

USA118th CongressHR-4370| House 
| Updated: 6/27/2023
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 (PTO), including by imposing additional requirements on administrative patent validity challenges (proceedings to review and potentially cancel issued patents) at the PTO. 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 has been sued for or charged with infringing that patent, whereas 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 invalidate a previously-issued patent claim. This bill also makes institutions of higher education (IHEs) and nonprofit entities that hold patents on behalf of IHEs eligible for reduced patent-related fees, including filing fees. (Currently, employees of IHEs are eligible for reduced fees but not the IHEs themselves.) The bill also makes fees collected by the PTO available for the PTO's use without further appropriations from Congress, whereas currently some of the collected fees are subject to appropriations.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 27, 2023
Introduced in House
Jun 27, 2023
Referred to the House Committee on the Judiciary.
Dec 2, 2024

Latest Companion Bill Action

S 118-2220
Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
  • June 27, 2023
    Introduced in House


  • June 27, 2023
    Referred to the House Committee on the Judiciary.


  • December 2, 2024

    Latest Companion Bill Action

    S 118-2220
    Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
Ken Buck

Ken Buck

Republican Representative

Colorado

Cosponsors (3)
Nathaniel Moran (Republican)Deborah K. Ross (Democratic)Bill Posey (Republican)

Judiciary Committee

Commerce

Related Bills

  • S 118-2220: PREVAIL Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted