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ARTICLE · 14 MAY 2025

Bipartisan Push For Patent Law Reform

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In a bipartisan show of support for American inventors and technological leadership, Senators Chris Coons (D-DE), Thom Tillis (R-NC), and Mazie Hirono (D-HI) and Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) held a press conference on Wednesday, May 1, 2025, to highlight growing momentum behind the Promoting and Respecting Economically Vital American Innovation Leadership Act (known as the PREVAIL Act) and the Patent Eligibility Restoration Act (known as the PERA Act).

United StatesIntellectual Property
Paul Keller
Paul Keller
Mary LaFleur Miklusak
Mary LaFleur Miklusak

What You Need to Know

Key takeaway#1

The PREVAIL Act aims to restore balance and predictability to PTAB proceedings by limiting who can file challenges, harmonizing PTAB standards with federal courts.

Key takeaway#2

The PERA Act aims to restore patent eligibility across many fields while resolving legitimate concerns over the patenting of content that is beyond the scope of the patent system.

Key takeaway#3

Both pieces of legislation have strong bipartisan support and are currently advancing through Congress.

Key takeaway#4

Companies and universities should proactively review patent portfolios, prosecution and litigation strategies, and monitor legislative developments.

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