119th Congress Commerce
H.R. 3160: PREVAIL Act
Introduced
- Introduced (completed)
- Passed House (not reached)
- Passed Senate (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
This bill addresses various issues relating to the U.S. Patent and Trademark Office (USPTO), including by imposing additional requirements on administrative patent validity challenges (proceedings to review and potentially cancel issued patents) at the USPTO.
The bill modifies provisions relating to inter partes reviews (IPRs) and other administrative patent validity proceedings, including by
- prohibiting an administrative patent judge who participated in deciding whether to institute an IPR (i.e., whether to allow the IPR to proceed based on the initial petition) from also participating in deciding the final outcome of the same IPR;
- prohibiting a person (individual or entity) from petitioning for an IPR against a patent unless the person meets certain standing requirements (currently, any person may petition for an IPR);
- prohibiting a person who has challenged a patent's validity in an IPR from raising the same challenges against the patent in other proceedings (e.g., district court) if the IPR has been instituted; and
- raising the burden that the petitioner in an IPR must meet to invalidate a previously issued patent claim.
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The bill also makes institutions of higher education (IHEs) and nonprofit entities that hold patents on behalf of IHEs eligible for reduced patent-related fees, including filing fees. (Currently, employees of IHEs are eligible for reduced fees but not the IHEs themselves.)
The bill also makes fees collected by the USPTO available for the USPTO's use without further appropriations from Congress.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Deborah Ross D-NCOriginal
- Thomas Suozzi D-NY
Who scored on this bill
- 1Nathaniel Moran SponsorDrew cross-party cosponsors, introduced2 events+6
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Other bills by Nathaniel Moran
History
- Introduced in the House by Nathaniel Moran.
Show the full action history (2 actions)
- Introduced in House
- Referred to the House Committee on the Judiciary.