A broad coalition of public policy, free-market, and grassroots organizations has sent a letter to Republican lawmakers urging support for three crucial pieces of patent legislation: the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, the Patent Eligibility Restoration Act (PERA), and the RESTORE Patent Rights Act.
These bills would restore core legal protections to inventors and innovators—protections that have been steadily eroded over the past two decades by judicial decisions and administrative overreach.
“These three bills would bolster the reliability, certainty, and strength of American patents,” the coalition writes. “They would clarify and refine elements of the patenting process, making it easier for legitimate patent claims to reach fruition and withstand what would become fairer, more consistent, impartial scrutiny once granted.”
The PREVAIL Act aims to rein in abuses of the Patent Trial and Appeal Board (PTAB), which has increasingly been used by large corporations to challenge the rights of smaller patent holders. PREVAIL would add due process guardrails and ensure patent owners cannot be dragged into repeated administrative challenges after a court has already upheld the patent.
The PERA Act would eliminate the vague and ever-shifting “judicial exceptions” to patent eligibility that have made it nearly impossible to secure patents on software, diagnostics, and cutting-edge technologies. PERA restores Congress’s intent to allow patents on “useful processes” by re-establishing clear, statutory boundaries for what is patent-eligible.
The RESTORE Act would fix the damage caused by the Supreme Court’s 2006 eBay v. MercExchange decision, which made it nearly impossible for patent owners to obtain permanent injunctions against proven infringers. As the letter states, the bill “would provide patent owners the same equitable relief available in cases involving all other forms of property.”
“We strongly urge your support by cosponsoring the bipartisan, bicameral PREVAIL, PERA, and RESTORE Patent Rights Acts,” the letter concludes.
The signers include groups such as the Market Institute, Taxpayers Protection Alliance, Center for Individual Freedom, 60 Plus Association, Tea Party Patriots Action, and many others.
You can read the full letter here.
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