US patent bills: Will they live up to their promises?
Two US senators recently introduced two bipartisan congressional bills which promise to radically reform US patent law.
Tabled by Senators Thom Tillis and Chris Coons, both bills—described as ‘complementary’—seek to strengthen IP rights in the US.
The Promoting and Respecting Economically Vital American Innovation Leadership Act ( PREVAIL); and the Patent Eligibility Restoration Act ( PERA), both have been broadly welcomed.
But critics say the bills would hurt innovation, create confusion and increase costs, as well as overly favour patent owners.
So what do the bills promise, exactly, and will they live up to those promises?
PREVAIL: PTAB reform
PREVAIL aims to support inventors, encourage investment in IP, secure the US as a global technology leader, and protect economic and national security. It updates legislation that Senator Coons introduced four years ago (the STRONGER Patents Act).
A key objective is to reform the Patent Trial and Appeal Board (PTAB), which has “become a forum where patent claims are consistently invalidated through proceedings that are duplicative of—not an alternative to—district court.”
According to USPTO data, about 80% of instituted PTAB proceedings that reach a final written decision result in the invalidation of at least one challenged patent claim. Two-thirds of those proceedings result in the invalidation of all challenged patent claims.
In short, PREVAIL would:
