Oppose the Patent-Troll-Friendly Prevail Act

The Electronic Frontier Foundation (EFF) is urging Congress to oppose the PREVAIL Act, which they argue would undermine the U.S. patent system and favor patent trolls. The Senate Judiciary Committee has already dropped the Patent Eligibility Restoration Act but continues to advance the PREVAIL Act, which would restrict the inter partes review (IPR) process. IPR is a crucial mechanism established in 2011 that allows individuals and small businesses to challenge invalid patents more affordably than through federal court. Patent trolls, or non-practicing entities, often exploit the patent system to file lawsuits against companies without producing their own products. The PREVAIL Act would limit IPR petitions to only those directly targeted by patent owners, effectively excluding organizations like EFF that advocate for broader public interests. This change could significantly hinder the ability of individuals and small businesses to contest bad patents, as demonstrated by EFF's successful challenge against a patent claiming rights over podcasting. The EFF warns that if the PREVAIL Act is enacted, it would create a more favorable environment for patent trolls, allowing them to continue their litigation practices unchecked.

- The PREVAIL Act is seen as detrimental to the patent challenge process.

- It would limit the ability of organizations like EFF to file IPR petitions.

- The IPR process is crucial for small businesses to contest invalid patents.

- Patent trolls exploit the patent system to file lawsuits against others.

- The EFF successfully challenged a patent related to podcasting, highlighting the importance of IPR.