Protecting American Innovation: Why the PREVAIL Act Raises Concerns Among Leading Industries

SIIA has join multiple industry leaders to expressed concern about the PREVAIL Act. This legislation could hinder their ability to challenge invalid patents, which they believe is crucial for maintaining a fair and competitive business environment. The coalition argue that the current patent system often grants invalid patents, leading to unnecessary litigation and job losses. We highlight the value of the Patent Trial and Appeal Board (PTAB) in reviewing patent validity and its superiority over initial patent examination. The PREVAIL Act, would impose restrictive rules, immunize abusive demand letters, and ultimately harm American manufacturing and consumers. The coalition call for the protection and strengthening of PTAB review, preserving the compromise achieved through the Leahy-Smith America Invents Act. We urge the Committee not to proceed with the PREVAIL Act.

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