Patented inventions are crucial for sustaining U.S. economic growth, protecting national security, and ensuring global technological leadership. Patents incentivize investments in research and development (R&D) and facilitate the commercialization of emerging technologies that strengthen the U.S. competitive edge in global innovation. The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) reforms the Patent Trial and Appeal Board (PTAB) rules and procedures to better secure and advance U.S. technological leadership. The PTAB provides a faster process for adjudicating patent validity compared to federal district courts.
Currently, the United States is falling behind China in technological supremacy. A recent State Department study revealed that the U.S. lags behind China in 37 out of 44 emerging technology areas, including defense, space, robotics, energy, biotechnology, artificial intelligence (AI), and advanced materials manufacturing. Former U.S. Patent and Trademark Office (USPTO) Directors, from both Democratic and Republican administrations, have noted that “China’s extensive investments” in its intellectual property system have allowed it to catch up to, and in some areas surpass, U.S. capabilities in AI and other emerging technologies.
To remain globally competitive, the U.S. must similarly prioritize the protection of intellectual property rights. However, the PTAB has become a forum where patent claims are frequently invalidated, undermining the U.S.’s ability to compete on the global stage. According to USPTO data, approximately 80 percent of PTAB proceedings that reach a final written decision result in the invalidation of at least one challenged patent claim, with 65 percent of those proceedings leading to the invalidation of all challenged claims.
The PREVAIL Act proposes commonsense reforms to the PTAB to ensure fair treatment for inventors, improve efficiency, and equip the USPTO with the resources necessary to effectively administer a patent system that encourages American innovation and allows U.S. inventors to remain competitive globally.
