PREVAIL Act

This bill aims to make the patent system fairer and more reliable. It raises the standard of proof in Patent Office trials so issued patents keep their presumption of validity, and challengers must show “clear and convincing” evidence to knock out existing claims. It also tells the Patent Office to read patent claims the same way courts do . To cut down on repeat attacks, it limits multiple and copycat challenges, sets “single forum” rules so the same patent fight isn’t happening in two places at once, and tightens when late joiners can pile on . It also reforms the Patent Trial and Appeal Board by creating a code of conduct, requiring at least three-judge panels, and barring judges who greenlight a case from later deciding it on the merits . People who help fund a challenge can be treated as real parties in interest, adding transparency about who’s behind a petition . Deadlines are added for rehearing and remand decisions to speed things up . For ex parte reexams, it sets a one‑year cutoff after you’re sued and tells the Office to reject repeat arguments unless there are exceptional circumstances .

The bill also helps everyday users. It stops “fee diversion” by creating a dedicated revolving fund so fees collected for patents and trademarks are used only for that work at the Patent Office . It expands “micro entity” status to include universities and certain nonprofits that hold patents for them, lowering costs for those applicants . It requires the Patent Office to put the Public Search Facility’s tools, databases, and classes online for free, when feasible . And it directs the Small Business Administration to report on how patent ownership and patent lawsuits affect small businesses within one year .

• Who is affected: inventors and patent owners; companies facing or bringing patent challenges; universities and their tech transfer nonprofits; small businesses; anyone who uses USPTO search tools .
• What changes: higher proof and presumption for issued claims; fewer repeat/double-track challenges; PTAB code of conduct and panel rules; more transparency on who funds challenges; one‑year limit for some reexams; fee lockbox for USPTO; free online access to search tools; SBA study on small business impact .
• When: the new USPTO fund starts on the first day of the first fiscal year after enactment; the SBA report is due within one year .