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PREVAIL Act

5/22/2025, 1:11 PM

Summary of Bill HR 3160

The bill titled "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" was introduced in the 119th Congress as H.R. 3160 on May 1, 2025. It aims to make amendments to title 35 of the United States Code to support inventors, uphold the U.S. as a global innovation leader, safeguard the intellectual property rights of inventors driving the country's economy, and includes other related objectives.

Congressional Summary of HR 3160

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 invalidate a previously issued patent claim.

The 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 USPTO available for the USPTO's use without further appropriations from Congress.

Current Status of Bill HR 3160

Bill HR 3160 is currently in the status of Bill Introduced since May 1, 2025. Bill HR 3160 was introduced during Congress 119 and was introduced to the House on May 1, 2025.  Bill HR 3160's most recent activity was Referred to the House Committee on the Judiciary. as of May 1, 2025

Bipartisan Support of Bill HR 3160

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
1
Democrat Cosponsors
1
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 3160

Primary Policy Focus

Commerce

Alternate Title(s) of Bill HR 3160

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.
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.

Comments

Quinn Harrell profile image

Quinn Harrell

796

11 months ago

I believe this bill is a step in the wrong direction for our country. It gives too much power to the government and could potentially infringe on our rights as citizens. I think we need to reevaluate the implications of this legislation before moving forward with it. Did you know that this bill also includes provisions for increased surveillance on American citizens?

Creed Rowland profile image

Creed Rowland

796

11 months ago

I heard about this new bill, and it's supposed to help with something, I think. Not sure what exactly, but it sounds good, I guess. Maybe it'll benefit some people, who knows.