From the Alliance

Jun. 27, 2023

Innovation Alliance Statement on House Introduction of the PREVAIL Act of 2023

WASHINGTON, D.C. – Innovation Alliance Executive Director Brian Pomper today issued the following statement on the bipartisan Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) Act of 2023, introduced in the House of Representatives by Representatives Ken Buck (R-CO) and Deborah Ross (D-NC). The Senate companion bill was introduced last week by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI).

“The Innovation Alliance applauds Representatives Buck and Ross for introducing the PREVAIL Act. This legislation is about restoring fairness to the USPTO’s Patent Trial and Appeal Board (PTAB) process through common-sense measures like limiting serial petitions against same invention.

“The PTAB was intended to provide a quicker and cheaper alternative to patent litigation, not to equip deep-pocketed companies with a tool to squash competition through repetitive and harassing challenges to the patents of smaller rivals. The PREVAIL Act will make important changes to the PTAB that bring more predictability and fairness to the U.S. patent system. We commend the House and Senate sponsors of this bill and urge Congress to swiftly pass this needed legislation.”

Read the Innovation Alliance statement on the Senate introduction of the PREVAIL Act here.