“The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was reintroduced by U.S. Senators Chris Coons (D-Del.), Thom Tillis (R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii). If enacted, PREVAIL should curb some of the abuses patent owners experience at the Patent Trial and Appeal Board (PTAB) from large corporations. Some of the reforms include:
📍 Require standing for PTAB challengers and limit repeated petitions challenging the same patent
📍Harmonize PTAB claim construction and burden of proof with federal district court
📍End duplicative patent challenges by requiring a party to choose between making its validity challenges before the PTAB or in district court
📍Increase transparency by prohibiting the USPTO director from influencing PTAB panel decisions

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