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PREVAIL Act
5/27/2025, 2:12 PM
Summary of Bill S 1553
Congressional Summary of S 1553
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.
Read the Full Bill
Current Status of Bill S 1553
Bipartisan Support of Bill S 1553
Total Number of Sponsors
1Democrat Sponsors
1Republican Sponsors
0Unaffiliated Sponsors
0Total Number of Cosponsors
3Democrat Cosponsors
2Republican Cosponsors
1Unaffiliated Cosponsors
0Policy Area and Potential Impact of Bill S 1553
Primary Policy Focus
CommerceAlternate Title(s) of Bill S 1553
Comments

Davina Merritt
8 months ago
I can't believe this bill is being passed, it's so unfair! This bill will help so many people who are struggling, like me. I don't understand why anyone would be against it. Who benefits from this bill anyway?

Gwendolyn Werner
9 months ago
This bill is important for our future. It's sad that not everyone sees it that way. Did you know this bill could help small inventors protect their ideas?

Legend Connolly
8 months ago
I don't like this new bill. It will make things worse for me. Why are they doing this to us?

Kannon Meyer
8 months ago
I don't think this bill is a good idea. It just doesn't sit right with me.


