PREVAIL Act

The PREVAIL Act (S 2220) aims to strengthen the U.S. patent system by making patent challenges more reliable and reducing repetitive proceedings. It requires Patent Trial and Appeal Board reviews to be heard by at least three members, prevents members who decided to institute a review from hearing it, and establishes rules to prevent multiple challenges to the same patent in different forums. The bill also changes the burden of proof in patent challenges, requiring petitioners to prove unpatentability by "clear and convincing evidence" for original claims, and mandates that all patent fees be used specifically for USPTO operations rather than diverted to general government funds. These changes directly affect patent owners, challengers, and the Patent Trial and Appeal Board, aiming to make the patent system more effective for inventors and innovators.