TAPP Supports Patent System Reform

Soon, the Senate Judiciary Committee is expected mark up two pro-patent bills that have been working their way through Congress this year. TAPP supports both of them to increase U.S. competitiveness globally. The pieces of legislation being examined are the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act and Patent Eligibility Restoration Act (PERA). Both of these bills would promote American innovation and increase competitiveness to give the United States an edge over our foreign adversaries.

• The PREVAIL Act aims to reform several Patent Trial and Appeal Board (PTAB) practices. According to U.S. Patent and Trademark Office (USPTO) data, the PTAB invalidates more than 70% of all patent claims. This kind of behavior discourages inventors and prevents innovation from progressing. The PREVAIL Act would improve PTAB efficiency and transparency, therefore promoting innovation and competitiveness amongst inventors.

• The PERA Act would eliminate the confusion created by courts as to what inventions are patent eligible to help regain the U.S. competitive edge in innovation. As it currently stands, the patent system is cluttered with regulations that slow down the process and restrict innovators. While U.S. innovators jump through hoops to get a patent, our foreign adversaries are moving forward with inventions that give them a competitive advantage.

Both of these bills would contribute greatly to the battle for U.S. intellectual property supremacy and aid in separating America from adversarial foreign competitors. A less restrictive PTAB and clearer court expectations would set America apart in the global innovation race.