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US SB1553

Bill

Status

Introduced

5/1/2025

Primary Sponsor

Christopher Coons

Click for details

Origin

Senate

119th Congress

AI Summary

  • Amends title 35 of the U.S. Code to reform the Patent Trial and Appeal Board (PTAB), including establishing a code of conduct for members, prohibiting supervisory officers from influencing panel decisions, and barring members who decide to institute a review from hearing the case

  • Restricts inter partes and post-grant review petitions by requiring petitioners to demonstrate standing (such as being sued for infringement or engaging in potentially infringing conduct), and bars reviews if a federal court or International Trade Commission has already issued a final validity judgment

  • Raises the evidentiary standard for invalidating patents in PTAB proceedings from "preponderance of evidence" to "clear and convincing evidence" for previously issued claims, applying the same presumption of validity used in federal courts

  • Establishes "single forum" rules requiring petitioners who initiate PTAB reviews to forfeit the ability to challenge patent validity on the same grounds in federal court or ITC proceedings, and creates estoppel provisions to prevent repetitive challenges

  • Creates the "United States Patent and Trademark Office Innovation Promotion Fund" as a revolving fund in the Treasury to eliminate fee diversion, ensuring all USPTO-collected fees remain available for patent and trademark operations without fiscal year limitations

Legislative Description

PREVAIL Act Promoting and Respecting Economically Vital American Innovation Leadership Act

Commerce

Last Action

Read twice and referred to the Committee on the Judiciary.

5/1/2025

Committee Referrals

Judiciary5/1/2025

Full Bill Text

No bill text available