Legislation: Will the Post-Grant Procedures Established by the AIA PREVAIL?, PTAB Litigation Blog
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The Senate recently introduced a bill directed to substantially narrowing the scope of post grant proceedings, including Inter Partes Reviews (“IPRs”), before the Patent Trial and Appeal Board (“PTAB”). First introduced by a coalition of bipartisan senators, the Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has three primary objectives: (1) harmonizing certain legal standards in IPRs with that of the applicable standards in federal district court proceedings; (2) reducing redundant challenges at the PTAB and in federal district courts; and (3) safeguarding the integrity of IPRs. Certain procedures designed to accomplish these broad objectives for reform are discussed in greater detail below.
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