Oppose the Patent-Troll-Friendly Prevail Act
The Electronic Frontier Foundation urges Congress to oppose the PREVAIL Act, claiming it weakens patent challenges, benefits patent trolls, and limits public interest organizations' ability to contest invalid patents.
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The Electronic Frontier Foundation (EFF) is urging Congress to oppose the PREVAIL Act, which they argue would significantly weaken the current system for challenging invalid patents, particularly benefiting patent trolls. The Senate Judiciary Committee has already dropped the Patent Eligibility Restoration Act but continues to push the PREVAIL Act, which would restrict the inter partes review (IPR) process. This process, established in 2011, allows individuals and small businesses to contest bad patents more affordably than through federal court. The EFF highlights that patent trolls, which are entities that exploit patent rights without producing products, often target small businesses and individuals. 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 hinder efforts to invalidate harmful patents, such as the one previously held by Personal Audio LLC, which claimed to own the rights to podcasting. The EFF argues that the PREVAIL Act would tilt the legal landscape in favor of patent trolls, making it more difficult for innovators and the public to defend against unjust patent claims.
- The PREVAIL Act is seen as detrimental to the current patent challenge system.
- It would limit the ability of organizations like EFF to file IPR petitions on behalf of the public.
- Patent trolls often exploit the patent system to target small businesses and individuals.
- The IPR process is a crucial tool for invalidating bad patents affordably.
- The EFF is mobilizing public opposition to the PREVAIL Act.
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Oppose the Patent-Troll-Friendly Prevail Act
The Electronic Frontier Foundation urges Congress to oppose the PREVAIL Act, claiming it would restrict the inter partes review process, favor patent trolls, and hinder small businesses' ability to contest invalid patents.
4 commentsAs for who's sponsoring him .. I spent a little while fiddling with https://www.fec.gov/data/receipts/?data_type=processed&commi...
and https://www.fec.gov/data/receipts/?committee_id=C00848432&tw...
but from the relatively small amounts of money involved I conclude that's not where the real action is.
> UPDATE: The vote for PREVAIL has been set for Thursday, Nov. 21, 2024
But according to Congress.gov, it was just a committee meeting: https://www.congress.gov/bill/118th-congress/senate-bill/222...
Related
EFF Presses Federal Circuit to Make Patent Case Filings Public
The Electronic Frontier Foundation is appealing a Texas court's decision allowing excessive sealing of patent case documents, raising concerns about transparency and public access to judicial records.
Senate Vote Tomorrow Could Give Helping Hand to Patent Trolls
The U.S. Senate will vote on two bills, PERA and PREVAIL, which may empower patent trolls and limit challenges to questionable patents, prompting opposition from the Electronic Frontier Foundation.
Patents for software and genetic code could be revived by two bills in Congress
The Senate Judiciary Committee is reviewing two bills, PERA and the PREVAIL Act, which aim to expand patent eligibility for software and human genes, facing opposition from open source advocates.
US Senate to Revive Software Patents with PERA Bill Vote on Thursday
The US Senate will vote on the Patent Eligibility Restoration Act on November 14, 2024, which may enable broad software patents, raising concerns about patent trolls and negative impacts on small businesses.
Oppose the Patent-Troll-Friendly Prevail Act
The Electronic Frontier Foundation urges Congress to oppose the PREVAIL Act, claiming it would restrict the inter partes review process, favor patent trolls, and hinder small businesses' ability to contest invalid patents.