7
8

PREVAIL Act

5/27/2025, 2:12 PM

Summary of Bill S 1553

This bill, designated as S. 1553 in the 119th Congress, aims to modify title 35 of the United States Code with the goal of supporting inventors in the U.S., sustaining the nation's position as a global innovation leader, safeguarding the intellectual property rights of inventors contributing to the U.S. economy, and addressing additional objectives not specified. Introduced on May 1, 2025, the bill focuses on enhancing the environment for innovation within the country.

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.

Current Status of Bill S 1553

Bill S 1553 is currently in the status of Bill Introduced since May 1, 2025. Bill S 1553 was introduced during Congress 119 and was introduced to the Senate on May 1, 2025.  Bill S 1553's most recent activity was Read twice and referred to the Committee on the Judiciary. as of May 1, 2025

Bipartisan Support of Bill S 1553

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
3
Democrat Cosponsors
2
Republican Cosponsors
1
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 1553

Primary Policy Focus

Commerce

Alternate Title(s) of Bill S 1553

A bill 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.
A bill 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

Davina Merritt profile image

Davina Merritt

567

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 profile image

Gwendolyn Werner

662

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 profile image

Legend Connolly

606

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 profile image

Kannon Meyer

553

8 months ago

I don't think this bill is a good idea. It just doesn't sit right with me.