# 119-s-1553: PREVAIL Act

119-s-1553, PREVAIL Act, is a 119th Congress bill sponsored by Sen. Coons, Christopher A. [D-DE] (D-DE); status introduced; PRIA reads it as touching household money (as of 2026-08-11).

- Canonical: https://policyrisk.com/legislation/119-s-1553
- As of: 2026-08-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-1553
- Congress: 119
- Title: PREVAIL Act
- Status: introduced
- Introduced: 2025-05-01
- Sponsor: Sen. Coons, Christopher A. [D-DE] (D-DE)
- Cosponsors: 3
- Policy area: Commerce
- Touches household money: yes
- Last recorded action: 2026-08-11

## Summary

**Strengthening PTAB governance and tightening post-grant review standards.** This bill would limit who can bring and fund reviews, raise proof standards for unpatentability, and reorganize USPTO fee handling to a dedicated revolving fund. - Petitioners and funders: Would limit petitioner eligibility by requiring certain nonprofit status and certifications about funding and standing. It would treat anyone who financially contributes to preparing or conducting an IPR or post‑grant review as a real party in interest. - How reviews work and outcomes: Would require mandatory three‑member PTAB panels with public notice, raise the burden to prove unpatentability of issued claims to clear and convincing evidence while using a preponderance standard for substitute claims, tighten joinder and estoppel rules, and bar parallel court or ITC validity challenges when PTAB review is instituted. - USPTO operations, small businesses, and universities: Would create an Innovation Promotion Fund as a dedicated revolving fund for patent and trademark fees to prevent fee diversion. It would expand the micro‑entity definition to cover certain higher‑education and 501(c)(3) arrangements, require free online Public Search Facility materials where feasible, and require the SBA to report within one year on small business patent impacts.

## Cosponsors (3)

- Sen. Tillis, Thomas [R-NC] (R-NC), 2025-05-01T00:00:00.000Z
- Sen. Durbin, Richard J. [D-IL] (D-IL), 2025-05-01T00:00:00.000Z
- Sen. Hirono, Mazie K. [D-HI] (D-HI), 2025-05-01T00:00:00.000Z

## Provisions PRIA read

- Small business patent help and rules: benefit, low. If enacted, the Small Business Administration would have to report to Congress within one year on how patent ownership and patent lawsuits affect small businesses. The bill would also expand who can claim patent micro-entity status to include more people and entities tied to colleges, universities,…
- Stop duplicate patent reviews: benefit, low. If enacted, the bill would stop the USPTO from starting or keeping a post-grant review or inter partes review (IPR/PGR) when a court or the International Trade Commission already issued a final decision on the same patent claim involving the same party. It would broaden estoppel so a petitioner (an…
- New rules for funders and joinders: cost, low. If enacted, the bill would treat people who pay to prepare or run a PTAB review or ex parte reexamination as real parties in interest. Requesters must list all real parties and certify they are not time-barred. The USPTO would start with a presumption against joining new parties in an IPR and limit…
- Tighter PTAB trials and deadlines: mixed, medium. If enacted, the Director would limit discovery in IPRs and PGRs to a few narrow categories, like depositions of affidavit witnesses and evidence identifying real parties. Previously issued claims would get the presumption of validity and require clear and convincing evidence to overcome; substitute…
- New USPTO fee fund and free search: mixed, low. If enacted, the bill would create a USPTO Innovation Promotion Fund and require patent and trademark fees to be deposited into it. The fund would let the Director use those fees without fiscal year limits for patent and trademark processing and a share of admin costs. On the fund's start date, unus…

## Related bills

- 119-s-5066: Health Equity and Accountability Act of 2026
- 119-s-1748: Kids Online Safety Act
- 119-s-3990: PrEP Access and Coverage Act of 2026
- 119-s-4744: Take Care of America’s Veterans Act
- 119-s-3897: Officer John Barnes and Chief Michael Ansbro Public Safety Officers' Benefit Program Expansion Act of 2026
- 119-s-1241: Sanctioning Russia Act of 2025

## Sources
- [119-s-1553 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/1553)

## Related
- [119-s-5066: Health Equity and Accountability Act of 2026](https://policyrisk.com/legislation/119-s-5066)
- [119-s-1748: Kids Online Safety Act](https://policyrisk.com/legislation/119-s-1748)
- [119-s-3990: PrEP Access and Coverage Act of 2026](https://policyrisk.com/legislation/119-s-3990)
- [119-s-4744: Take Care of America’s Veterans Act](https://policyrisk.com/legislation/119-s-4744)
- [119-s-3897: Officer John Barnes and Chief Michael Ansbro Public Safety Officers' Benefit Pr…](https://policyrisk.com/legislation/119-s-3897)
- [119-s-1241: Sanctioning Russia Act of 2025](https://policyrisk.com/legislation/119-s-1241)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-1553 (as of 2026-08-11).