PTAB Bar Association Submits Letter to Congress Regarding PREVAIL Act - April 8, 2025

The PTAB Bar Association announced today it has sent a letter to Congress expressing concerns about certain provisions of the PREVAIL Act.  Although the PREVAIL Act makes some beneficial changes, there are some very concerning changes that would significantly impede the goal of just, speedy, and inexpensive resolutions to PTAB proceedings, without appreciably increasing safeguards for patent owners against abuses of the system.  Many Patent Owners also use the PTAB extensively as Petitioners, because they frequently find themselves accused of infringing patents, and value access to PTAB proceedings.  A 2020 study found that PTAB proceedings increased U.S. business activity by almost $3 billion from 2014-2019, and a 2024 study found that PTAB proceedings were positively associated with R&D investment and patent filings.
 
The PTAB Bar Association’s position is that, due to key areas of concern explained in the letter, the PREVAIL Act should not be enacted in its current form.
 
About the PTAB Bar Association
The PTAB Bar Association is a voluntary bar association of over 700 members, most of whom are in private and corporate practice. Members represent a broad spectrum of individuals, companies, and institutions involved in practice before the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent & Trademark Office (“USPTO”) and in patent, administrative, and appellate law more generally.  The Association is dedicated to helping secure the just, speedy, and inexpensive resolution of every PTAB proceeding, and serves as an avenue for constructive dialogue between the bar community, the PTAB, and other stakeholders.

Contact:
Lily Rin-Laures, President
Megan Raymond, President-elect
presscontact@ptabbar.org