Bill · H.R. 3160· House(119-HR-3160)
PREVAIL Act
- Introduced
- 5/1/2025
- Last activity
- 5/1/2025 — Referred to the House Committee on the Judiciary.
- Sponsored by
- Nathaniel Moran
- Cosponsors
- - 0 - 2
- Introduced
- In Committee
What this bill would do
This bill, known as the PREVAIL Act, aims to amend title 35 of the United States Code to protect patent property rights and support American inventors. It seeks to address unintended consequences from previous patent reforms, such as repetitive petitions and strategic filings that disrupt investment. The legislation introduces a code of conduct for the Patent Trial and Appeal Board and mandates three-member panels for hearings. It also establishes stricter requirements for petitioners in inter partes and post-grant reviews. Additionally, the bill reorganizes how the United States Patent and Trademark Office handles fees through a new Innovation Promotion Fund. Finally, it includes provisions to assist small businesses and institutions of higher education within the patent system.
Yes· 3 of 7
Does this make patent and copyright rules fairer?+7
The bill implements a code of conduct for the Patent Trial and Appeal Board and standardizes hearing panels to improve consistency.
Does this make it easier to run a small business?+6
The bill provides more reliable patent protection for small companies and mandates a report on the impact of patent ownership on small businesses.
Is this likely to grow the economy?+5
The bill seeks to protect patent property rights to encourage investment and sustain the innovation economy.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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Protection for Inventors and Small Companies: The bill aims to improve the chances of success for individual inventors and small companies by providing more reliable patent protection (Section 2).
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Enhanced Accountability for the Patent Trial and Appeal Board: The legislation requires the Director to establish a code of conduct for board members, modeled after the Code of Conduct for United States Judges (Section 3).
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Standardized Hearing Panels: It mandates that appeals and reviews be heard by at least three members, which helps ensure more consistent decision-making (Section 3).
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Increased Transparency for Patent Owners: The bill allows patent owners to move to amend patents by proposing substitute claims, ensuring that any such information is made part of the public record (Section 4).
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Support for Higher Education: The bill expands the definition of a "micro entity" to include certain applicants associated with institutions of higher education, which can help facilitate the commercialization of technologies (Section 8).
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Access to Information: The Director is tasked with making patent and trademark search tools, databases, and training materials available online at no charge (Section 9).
Potential Negative Impacts for People
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Increased Burden for Petitioners: The bill implements stricter certification requirements for nonprofit organizations seeking to file petitions, including rules regarding their funding sources and purpose (Section 4).
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Limitations on Legal Proceedings: The "Single Forum" provision prevents petitioners or their affiliates from maintaining certain civil actions or proceedings in court or before the International Trade Commission if a review is instituted (Section 4).
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Potential Restrictions on Reexamination: An ex parte reexamination may be barred if the request is filed more than one year after a person is served with an infringement complaint (Section 6).
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Strict Time Limits for Decisions: The bill sets specific deadlines for the Director and the Board to decide on rehearings and remands, which may limit flexibility in complex cases (Section 4 and Section 5).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Economy And Finance
- Improves Small Business Support+6Improves Economic Growth+5
- Education And Technology
- Improves Intellectual Property Fairness+7
- Governance And Ideology
- Improves Government Transparency+5
- Demographic And Interest Groups
- Good For Students+4
- National Security And Foreign Policy
- Improves Cybersecurity Defense+3
- Social Issues And Justice
- Improves Affordable Housing+1
- 10/8/2025
- 1 Cosponsor added.
- 5/1/2025
- Referred to the House Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in House
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Deborah RossDemocrat · North Carolina
Thomas SuozziDemocrat · New York