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Patent Eligibility Restoration Act

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The Patent Eligibility Restoration Act (PERA) is a proposed bill in the United States that could make fundamental changes to U.S. patent law in favor of software patents.

Status of legislative procedure

Senate bill

The first version of the bill[1] was introduced to the Senate on August 2, 2022. It was sponsored by Senator Thom Tillis (R-NC). The bill did not progress past the introduction stage, and it died since it wasn't voted in the 117th Congress (ended on January 3, 2023).

On September 28, 2022, Senator Chris Coons (D-DE) announced that he would co-sponsor PERA.[2] It is important to note that Coons is the Chair and Tillis is the Ranking Member of the Senate Judiciary Committee’s Subcommittee on Intellectual Property. Bipartisan support, along with the fact that such high-ranking members have co-sponsored the Act suggests that it may be taken seriously by other legislators.[3]

A revised version of the bill[4] was introduced to the Senate on June 22, 2023 by Tillis and Coons.[5][6] It was referred to the Senate Judiciary Committee. On the scheduled markup hearing of November 14, 2024, Tillis and Coons announced they would delay consideration of PERA and PREVAIL.[7]

House bill

A companion bill[8] was introduced to the House of Representatives on September 6, 2024. It is sponsored by Kevin Kiley (R-CA) and co-sponsored by Scott Peters (D-CA).[9] It was referred to the House Judiciary Committee.

Reactions

Against

The Electronic Frontier Foundation has been a vocal opponent of PERA, but as usual, focuses on the patent troll problem, rather than the substantial issue of software patents.[10][11][12] However, their campaign against PERA[13] is definitely a good thing and should be supported. Their letter, co-signed by 18 organizations in total, states:[14]

For over two centuries, U.S. patents have been limited to improvements in technology—to advances in the industrial arts and science. PERA would replace this established principle with a rule that any idea can be patented so long as it cannot "practically be performed" without simply using technology.

In addition, 17 patent law academics signed a letter arguing that "PERA is poorly drafted" and "will increase [...] uncertainty, generate wasteful litigation, and cause extensive harms in a wide range of fields".[15]

End Software Patents and the Free Software Foundation have also published a call to action.[16][17]

In favor

PERA's most fanatic advocate is probably the Council for Innovation Promotion (C4IP). In fact, Coons announced his co-sponsorship of PERA at C4IP's launch event.[2][18] Its board members include former directors of the USPTO and former judges of the US Court of Appeals for the Federal Circuit.[19]

References

  1. ↑ S. 4734, 117th Cong. (2022)
  2. ↑ 2.0 2.1 McDermott Eileen, Coons Announces He Will Co-Sponsor Tillis’ Patent Eligibility Restoration Act[archived], ipwatchdog.com, 2022-09-28.
  3. ↑ Olson William J. & Brinckerhoff Courtenay C., Would The Patent Eligibility Restoration Act Strike The Right Balance?[archived], foley.com, 2024-07-24.
  4. ↑ S. 2140, 118th Cong. (2023)
  5. ↑ Senators Coons, Tillis introduce Patent Eligibility Restoration Act to revitalize American innovation[archived], coons.senate.gov, 2023-06-22.
  6. ↑ Tillis, Coons Introduce Landmark Legislation to Restore American Innovation[archived], tillis.senate.gov, 2023-06-22.
  7. ↑ McDermott Eileen, IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain[archived], ipwatchdog.com, 2024-11-14.
  8. ↑ H.R. 9474, 118th Cong. (2024)
  9. ↑ Representatives Kiley, Peters Introduce the Patent Eligibility Restoration Act[archived], kiley.house.gov, 2024-09-06.
  10. ↑ Mullin Joe, Congress Must Stop Pushing Bills That Will Benefit Patent Trolls[archived], eff.org, 2024-03-12.
  11. ↑ Mullin Joe, Senate Vote Could Give Helping Hand To Patent Trolls[archived], eff.org, 2024-09-18.
  12. ↑ Mullin Joe, Tell Congress To Stop These Last-Minute Bills That Help Patent Trolls[archived], eff.org, 2024-11-13.
  13. ↑ Tell Congress: We Can't Afford More Bad Patents[archived], eff.org.
  14. ↑ Electronic Frontier Foundation et al., PERA letter[archived], 2024-09-17.
  15. ↑ Bock Jeremy W. et al., PERA letter[archived], 2024-09-18.
  16. ↑ Block the PERA and PREVAIL Act – A major step back for software freedom[archived], endsoftwarepatents.org, 2024-11-13.
  17. ↑ TAKE ACTION: Block the PERA and PREVAIL Act – A major step back for software freedom[archived], fsf.org, 2024-11-13.
  18. ↑ Senator Chris Coons (D-DE) Speaking at C4IP Launch Reception[archived], c4ip.org, 2022-09-28.
  19. ↑ About C4IP[archived], c4ip.org.

External links

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