Support for “arguably the world’s most successful research park” through federal legislation encouraging investments in intellectual property and American global technology leadership is being led in part by North Carolinians of both parties in Congress.
Research Triangle Park, largest sprawling development of its kind across 7,000 acres with more than 300 companies and 65,000 workers, would stand to benefit greatly from the newest bicameral attempt to pass the PREVAIL Act. Republican U.S. Sen. Thom Tillis of the Tarheel State is alongside bill author Sen. Chris Coons, D-Del., and Sens. Dick Durbin, D-Ill., and Mazie Hirono, D-Hawaii, in the upper chamber and Rep. Deborah Ross, D-N.C., is partnered with Rep. Nathaniel Moran, R-Texas, in the House.
“It’s critical that we work across party lines to ensure the people who are driving our country’s innovation have the tools they need to thrive,” Ross said. “When we support innovators, we bolster American competitiveness and the American economy.”
The acronym is for Promoting and Respecting Economically Vital American Innovation Leadership.
The legislation would update and improve the patent system to protect essential property rights, she said. Tillis calls them commonsense changes.
“To maintain the United States’ position as the global leader in technology and innovation, we must work with inventors – large and small – to improve and streamline our patent system,” Tillis said. “We must restore faith and confidence in the Patent Trial and Appeal Board.”
Before the grand idea of RTP credited to Gov. Luther Hodges, North Carolina was No. 47 of 48 states in 1950 in per capita income. University graduates regularly left for other locales and tobacco, textiles and the furniture industry drove the economic engine.
Three-quarters of a century later, North Carolina is No. 34 – inclusive of behind the District of Columbia – though growing to the ninth largest population at about 11 million and ranking top five for states drawing the most people by moves. Agriculture remains the No. 1 industry with growth in biotechnology, aerospace, transportation and information technology making great strides.
The Patent Trial and Appeal Board is within the U.S. Patent and Trademark Office. Congressional supporters say the process has evolved into a “forum where patent claims are consistently invalidated through proceedings that are duplicative of – not an alternative to – the federal district court.”
A release says reformation includes:
• Require standing for Patent Trial and Appeal Board challengers and limit repeated petitions challenging the same patent.
• Harmonize Patent Trial and Appeal Board claim construction and burden of proof with federal district court.
• End duplicative patent challenges by requiring a party to choose between making its validity challenges before the Patent Trial and Appeal Board or in district court.
• Increase transparency by prohibiting the Patent and Trademark Office director from influencing Patent Trial and Appeal Board panel decisions.
Supporters include the Council for Innovation Promotion, known also as C4IP; the Biotechnology Innovation Organization; and the Innovation Alliance.
In the 118thh Congress, the Senate version of the PREVAIL Act was introduced in July 2023 and died Dec. 2 just before end of session, having come through the Judiciary Committee and been placed on the Legislative Calendar under General Orders. The House version was introduced in June 2023 and died the same day in the Judiciary Committee.
