The PREVAIL 2025 Act, reintroduced alongside the Patent Eligibility Restoration Act, proposes significant reforms for the Patent Trial and Appeal Board (PTAB). Most notably, it revises standing requirements for petitioners, requiring them to certify they are engaging in actions that could be seen as infringing the challenged patents or have been sued for infringement. Although the changes might not fundamentally alter the bill's intent, they aim to ensure that only those with legitimate stakes can pursue PTAB challenges, fostering a more equitable process in patent litigation.
"While it is easy to envision gamesmanship with this bifurcation between RPI and a certification [by the petitioner as to standing], PREVAIL 2025 seems like an important step forward toward a better, fairer PTAB."
"IPWatchdog Founder and CEO Gene Quinn said the changes to PREVAIL 2025 'don't seem to substantively change the meaning or intent of the bill' and that the revisions to the standing requirements, in theory, should not make a huge difference."
"PREVAIL now separates provisions relating to consequences for those that are real parties in interest and a certification requirement that would seem to functionally require petitioners have standing in the Constitutional sense."
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