- United States
- Colo.
- Letter
The PREVAIL Act would tilt the playing field in favor of patent trolls and restrict the ability to challenge invalid and overly broad patents. This legislation puts the interests of patent assertion entities above those of innovators, small businesses, and the public. Patents that should never have been issued would remain in force, enabling frivolous litigation and shakedown demands against those simply using everyday technology. The key changes proposed undermine the current system of inter partes review (IPR), a cost-effective way to cancel erroneously granted patents. Limiting who can file IPR petitions prevents public interest groups like EFF from contesting patents that threaten free expression and innovation. Raised evidentiary standards make it harder to prove a patent is invalid, even when prior art clearly exists. Curbing IPR access empowers trolls while handicapping legitimate businesses forced to defend against meritless infringement claims. Rather than enabling abusive patent practices, Congress should work to strengthen quality patent examination and reinforce accountability measures like IPR. The PREVAIL Act fatally compromises a balanced patent system by privileging bogus monopolies over public interests. I urge you to reject this proposal and any legislation that further entrenches the scourge of patent trolling against American innovators and entrepreneurs. Robust patent challenges are critical for a healthier innovation ecosystem.