UFPR Statement on Introduction of PERA and PREVAIL

WASHINGTON—United for Patent Reform (UFPR) issued the following statement in response to today’s introduction of the Patent Eligibility Restoration Act (PERA) and Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. PERA would overturn a unanimous Supreme Court decision that stood for the fundamental premise that ordinary business practices cannot be patented. PREVAIL would repeal important provisions of the 2011 America Invents Act (AIA), effectively terminating the option for American businesses to seek a cost-effective and efficient process for challenging low-quality patents. UFPR opposes both bills.

“Today’s introduction of PERA and PREVAIL is a slap in the face to Main Street businesses as they seek to weaken the PTAB and inject tremendous uncertainty into existing patent eligibility standards. If enacted, these bills would expose small businesses to a substantial increase in frivolous litigation initiated by patent trolls.

“PREVAIL would turn back the clock, weakening patent quality and increasing incentives for foreign and domestic patent trolls that contribute nothing and exploit American businesses for profit.

“PERA upends 200 years of patent law and would create a free-for-all where anything is patentable, a world where Main Street would be vulnerable to a new wave of patent litigation, undoubtedly targeting the use of AI applications in their businesses.

“These bills follow recent PTO actions destabilizing PTAB and are a gift to patent trolls. American Main Street businesses, manufacturers, hotels, retailers, and restaurants need support now more than ever – let’s not open our patent system to opportunistic foreign actors through this bad legislation. These regressive policies didn’t pass last Congress and should be soundly rejected again.”

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UFPR is a broad coalition of diverse American businesses advocating for a patent system that enhances patent quality, advances meaningful innovation, and protects legitimate American businesses from abusive patent litigation. Collectively, its members represent over 90 million U.S. employees, a figure that accounts for nearly two-thirds of private sector jobs in the U.S.