Patent Board Shakeup Bill Lauded as Some Call for Changes (1)

A new bill that would overhaul a tribunal that examines patent validity by establishing limits on who can bring challenges risks blocking good faith petitioners, attorneys say.

The bipartisan “PREVAIL Act” or “Promoting and Respecting Economically Vital American Innovation Leadership Act” proposes significant changes to the Patent and Trial Appeal Board, including restricting who can challenge a patent through the tribunal and limiting the body’s discretion to reject to hear challenges due to parallel litigation. The PTAB has the power to uphold or wipe out challenged patents that are at the heart of costly infringement lawsuits.

The legislation, ...