Senate Legislation Proposes Changes To Patent Eligibility And PTAB Proceedings

New legislation introduced in the U.S. Senate proposes changes to patent eligibility and inter partes review (IPR) and post-grant review (PGR) proceedings at the U.S. Patent and Trademark Office (USPTO or Office) before the Patent Trial and Appeal Board (PTAB).

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the "Patent Eligibility Restoration Act of 2023," which proposes changes to patent eligibility under 35 U.S.C. § 101 by eliminating the current judicial exceptions and adding statutory exceptions to eligibility.

Senators Chris Coons (D-DE), Thom Tillis (R-NC), Richard Durbin (D-IL), and Mazie Hirono (D-HI) introduced the "Promoting and Respecting Economically Vital American Innovation Leadership Act" or "PREVAIL Act," which proposes changes to IPR and PGR proceedings, including creating a standing requirement for a petitioner to file a petition for review, limiting how often and when a petitioner can file, specifying when estoppel applies,