PREVAIL Act

The PREVAIL Act (S 1553) aims to improve the U.S. patent system by making patent review processes more efficient and fair. It requires 3-member panels for patent reviews at the Patent Trial and Appeal Board, establishes a code of conduct for board members, and prevents repetitive patent challenges by creating a "single forum" for patent validity disputes. The bill also clarifies who counts as a "real party in interest" to stop strategic filings, changes the burden of proof in patent reviews to require "clear and convincing evidence" for unpatentability, and ensures patent fees are properly used for patent-related activities through a new Innovation Promotion Fund. These changes directly affect patent owners, patent challengers, and the U.S. Patent and Trademark Office (USPTO).