The U.S. patent system is on the verge of major reforms that could significantly streamline the patent process, broaden the scope of patentable inventions, and empower small patent holders. Three proposed bills—the PREVAIL Act, RESTORE Act, and PERA (Patent Eligibility Restoration Act)—aim to fix longstanding issues in patent law, making it easier for inventors to obtain patents, defend them in court, and monetize their innovations.

Here’s how these reforms could work in favor of independent inventors, startups, and small businesses.
1. The PREVAIL Act: Fairer and More Predictable Patent Trials
The Patent Trial and Appeal Board (PTAB) has long been a battleground where patents are frequently challenged—sometimes unfairly. The PREVAIL Act aims to level the playing field by:
? Preventing serial challenges – Right now, large companies can repeatedly challenge a small inventor’s patent in the PTAB, draining their resources. The PREVAIL Act would stop multiple challenges against the same patent.
? Requiring challengers to have legal standing – Currently, anyone can challenge a patent at the PTAB, even if they’re not being sued for infringement. The bill would ensure only those with a real legal dispute can bring a challenge.
? Raising the burden of proof – The bill would make it harder to invalidate patents by requiring challengers to prove their case with “clear and convincing evidence”, rather than the lower “preponderance of the evidence”standard currently used.
? Why this matters for inventors: These changes would protect patent holders from harassment and make it easier to enforce their rights. For small businesses that depend on patents to secure investment, these protections could prevent larger companies from invalidating their IP unfairly?.
2. The RESTORE Act: Making It Easier to Get Injunctions
Right now, even if a court finds that someone stole your patented invention, you might not get an injunction stopping them from selling it. Instead, you might just receive a monetary award—which often isn’t enough to stop large companies from infringing your patent.
The RESTORE Act would change that by restoring a presumption of injunctive relief when a court finds patent infringement.
? Stronger enforcement – If someone infringes your patent, courts would assume an injunction should be granted, forcing the infringer to stop using your technology.
? Fewer cases of “efficient infringement” – Big corporations often choose to infringe first and pay later, knowing they likely won’t be blocked from using stolen technology. The RESTORE Act would help end this practice.
? Restoring fairness for small inventors – Right now, large tech companies benefit from the lack of automatic injunctions, while small inventors struggle to get fair compensation.
? Why this matters for inventors: If you create a game-changing technology, you should have control over who can use it. This law would give inventors a real weapon against infringers?.
3. PERA: Expanding Patent Eligibility for Emerging Technologies
In recent years, the courts have restricted what can be patented, making it harder to protect inventions in AI, software, biotechnology, and personalized medicine. Many innovations that would have been patentable a decade ago are now being rejected, causing the U.S. to fall behind other countries.
The Patent Eligibility Restoration Act (PERA) aims to fix this by:
? Clarifying patent-eligible subject matter – The bill would restore eligibility for key industries, including AI, software, and biotech.
? Providing clear rules – Courts would no longer apply vague and inconsistent standards to decide whether an invention is too abstract for a patent.
? Aligning the U.S. with global standards – Right now, some technologies that can be patented in Europe and China are rejected in the U.S. PERA would bring U.S. patent law back in line with the rest of the world.
? Why this matters for inventors: If you work in AI, biotech, or software, PERA could open the door to patent protections that were previously off-limits. More patent protection means more investment, innovation, and commercialization opportunities?.
Conclusion: A Better Patent System for Inventors & Small Businesses
If passed, these three bills could dramatically improve the U.S. patent system for small inventors and entrepreneurs:
? Easier and fairer enforcement (RESTORE Act)
? Stronger protections against unfair challenges (PREVAIL Act)
? More opportunities to patent groundbreaking technologies (PERA)
These reforms would reduce legal uncertainty, make patents more valuable, and give small patent holders a better chance against big corporations.
For inventors, startups, and entrepreneurs, this means a stronger ability to protect their ideas, attract investment, and compete on a fair playing field.
? Want to see these changes happen? Stay informed, reach out to policymakers, and advocate for a stronger, fairer patent system for inventors and small businesses!
Recent Comments