Don’t Let Congress Bring Back the Worst Patents

Patent troll warning

Two dangerous patent bills—PERA and PREVAIL—are back in Congress. These bills would revive harmful patents and make it harder for the public to fight back.

The Patent Eligibility Restoration Act (PERA) would overturn key Supreme Court decisions that currently protect us from patents on the most basic internet software, and even human genes. This would open the floodgates to vague, overbroad claims on simple, widely used web features—exactly the kind of patents that patent trolls exploit.

The PREVAIL Act would gut the inter partes review (IPR) process, one of the most effective tools for challenging bad patents. It would ban many public interest groups, including EFF, from filing challenges.

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The PERA and PREVAIL Acts Would Make Bad Patents Easier to Get—and Harder to Fight

Together, these bills are a gift to patent trolls—companies that don’t make anything, but use patents to threaten and sue developers, small businesses, and online creators. In 2024, patent trolls were responsible for 88% of all tech-sector patent lawsuits.

We need progress on patent reform, not a giant step backward. Tell your lawmakers to oppose PERA and PREVAIL.

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The PERA and PREVAIL Acts Would Make Bad Patents Easier to Get—and Harder to Fight
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