In a recent letter addressed to Senators Durbin and Graham, a coalition of leading U.S. businesses and organizations, including the Software & Information Industry Association (SIIA), voiced their opposition to the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act). The letter emphasizes the importance of the Patent Trial and Appeal Board (PTAB) in safeguarding against the misuse of invalid patents, which, when unchecked, can negatively impact American companies and consumers. The signatories, representing industries such as technology, manufacturing, and retail, argue that the PREVAIL Act would hinder PTAB’s ability to provide critical patent reviews, giving foreign entities and patent trolls an unfair advantage.
The coalition raises several concerns about the bill, including its potential to block PTAB reviews, limit the evaluation of prior art, and impose arbitrary procedural restrictions that would benefit patent owners at the expense of American innovation. They warn that the bill would harm U.S. businesses, drive up costs for consumers, and weaken the nation’s competitive edge in the global market. The letter calls for Congress to focus on improving patent quality instead of enacting legislation that would protect invalid patents, urging lawmakers to oppose the PREVAIL Act for the good of the U.S. economy and innovation.
