Conservative Group Letter in Support of PERA and PREVAIL
Dear Senators Coons and Tillis:
The signatories below, comprised of public policy, grassroots, and free enterprise organizations, understand that the Senate Judiciary Committee will soon bring up both the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act (S. 2220, H.R. 4370) and the Patent Eligibility Restoration (PERA) Act (S. 2140) for consideration. We applaud your leadership on these two bills, and we urge the committee to support this legislation.
The PREVAIL Act would secure private property rights to inventions and give quiet title, which is crucial for commercialization of and investment in patented innovations. That will boost the United States’s competitive edge, especially in emerging and standardized technologies important to our economic and national security. S. 2220 would reform the Patent Trial and Appeal Board (PTAB) by adding procedural and due-process guardrails to reduce abuses of the administrative patent challenge system. These changes would protect patent owners from infringers’ ability to game the PTAB system through repeated challenges, even when a court of law has already upheld that patent’s validity, and inordinate PTAB discretion to tilt the process.