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Patent Eligibility Restoration Act

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. As of 2025, the bills are currently awaiting consideration in Congress.

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] A revised version of the bill[3] was introduced to the Senate on June 22, 2023 by Tillis and Coons.[4][5] 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.[6] On May 1, 2025, the bill was reintroduced to the Senate.[7]

In the 118th Congress, Coons was the Chair and Tillis was 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.[8] In the 119th Congress, Tillis became the Chair but Coons did not become the Ranking Member of the subcommittee.

House bill

A companion bill[9] 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).[10] It was referred to the House Judiciary Committee. On May 1, 2025, the bill was reintroduced to the House.[7]

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.[11][12][13] However, their campaign against PERA[14] is definitely a good thing and should be supported. Their letter, co-signed by 18 organizations in total, states:[15]

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".[16] Another letter, signed by dozens of patient advocacy groups, medical societies, and public interest organizations can be found online but there are no press releases associated with it.[17]

End Software Patents and the Free Software Foundation have also published a call to action.[18][19]

Organization Type Scope Focus Source
ACT / The App Association Trade association International SMEs [15]
American Civil Liberties Union Nonprofit United States Civil liberties [20]
Association for Accessible Medicines Trade association United States Medical [15]
Bank Policy Institute Trade association United States Banking [21][15]
Campaign for Sustainable Rx Pricing Nonprofit United States Medical [22]
Computer and Communications Industry Association Trade association International Software and telecommunications [23][15]
Consumer Technology Association Trade association United States Electronics [15]
Electronic Frontier Foundation Nonprofit United States Digital rights [15][20]
Engine Nonprofit United States Technology startups and entrepreneurship [15]
Free Software Foundation / End Software Patents Nonprofit International Software [18][19]
Generation Patient Nonprofit United States Medical [20]
High Tech Inventors Alliance Coalition United States Patent policy [15]
National Retail Federation Trade association International Retail [15]
Public Citizen Nonprofit United States Consumer rights [20]
Public Interest Patent Law Institute Nonprofit United States Patent policy [15][20]
Public Interest Research Group Nonprofit United States Consumer rights [24]
Quality Patent Coalition Coalition United States Patent policy [15]
R Street Institute Advocacy group United States Free market policy [25][15][20]
Retail Industry Leaders Association Trade association United States Retail [15]
Software & Information Industry Association Trade association United States Software [26][15]
United for Patent Reform Coalition United States Patent policy [15]
US*MADE Trade association United States Manufacturing [27][15]
Washington Retail Association Trade association Washington Retail [15]

In favor

PERA's main advocate is probably the Council for Innovation Promotion (C4IP). In fact, Coons announced his co-sponsorship of PERA at C4IP's launch event.[2][28] Its board members include former directors of the USPTO and former judges of the US Court of Appeals for the Federal Circuit.[29]

Organization Type Scope Focus Source
60 Plus Association Advocacy group United States Conservative policy [7]
Adeia Corporation International Electronics [7]
American Intellectual Property Law Association Professional association United States Pro-patent [7]
American Policy Center Advocacy group United States Conservative policy [7]
Association of University Technology Managers Professional association International Pro-patent [7]
Biotechnology Innovation Organization Trade association International Biotechnology [7]
Center for a Free Economy Advocacy group United States Free market policy [7]
Center for American Principles Advocacy group United States Conservative policy [7]
Center for Individual Freedom Advocacy group United States Free market policy [7]
Coalition for 21st Century Patent Reform Coalition United States Pro-patent [7]
Coalition for Intellectual Property Coalition United States Pro-patent [7]
Conservatives for Property Rights Coalition United States Conservative policy [7]
Consumer Action for a Strong Economy Advocacy group United States Free market policy [7]
Dana-Farber Cancer Institute Research center United States Medical [7]
Eagle Forum Education & Legal Defense Fund Advocacy group United States Conservative policy [7]
Frontiers of Freedom Advocacy group United States Conservative policy [7]
Heritage Action Advocacy group United States Conservative policy [7]
IEEE-USA Professional association United States Pro-patent [7]
Innovation Alliance Coalition United States Pro-patent [7]
International Federation of Intellectual Property Attorneys Professional association International Pro-patent [7]
Inventors Defense Alliance Advocacy group United States Pro-patent [7]
Lauder Partners Venture capital firm International Pro-patent [7]
Less Government Advocacy group United States Free market policy [7]
Market Institute Advocacy group United States Free market policy [7]
Medical Device Manufacturers Association Trade association United States Manufacturing [7]
Netlist Corporation International Electronics [7]
Nokia Corporation International Electronics [7]
North Carolina Life Sciences Trade association North Carolina Life sciences [7]
Prosperity for Us Foundation Advocacy group United States Free market policy [7]
Sisvel Corporation International Licensing programs and patent pools [7]
United States Business and Industry Council Advocacy group United States Manufacturing [7]
United States Intellectual Property Alliance Coalition United States Pro-patent [7]

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. ↑ S. 2140, 118th Cong. (2023)
  4. ↑ Senators Coons, Tillis introduce Patent Eligibility Restoration Act to revitalize American innovation[archived], coons.senate.gov, 2023-06-22.
  5. ↑ Tillis, Coons Introduce Landmark Legislation to Restore American Innovation[archived], tillis.senate.gov, 2023-06-22.
  6. ↑ McDermott Eileen, IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain[archived], ipwatchdog.com, 2024-11-14.
  7. ↑ 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 Tillis, Coons, Kiley, and Peters Reintroduce Landmark Legislation to Restore American Innovation[archived], tillis.senate.gov, 2025-05-01.
  8. ↑ Olson William J. & Brinckerhoff Courtenay C., Would The Patent Eligibility Restoration Act Strike The Right Balance?[archived], foley.com, 2024-07-24.
  9. ↑ H.R. 9474, 118th Cong. (2024)
  10. ↑ Representatives Kiley, Peters Introduce the Patent Eligibility Restoration Act[archived], kiley.house.gov, 2024-09-06.
  11. ↑ Mullin Joe, Congress Must Stop Pushing Bills That Will Benefit Patent Trolls[archived], eff.org, 2024-03-12.
  12. ↑ Mullin Joe, Senate Vote Could Give Helping Hand To Patent Trolls[archived], eff.org, 2024-09-18.
  13. ↑ Mullin Joe, Tell Congress To Stop These Last-Minute Bills That Help Patent Trolls[archived], eff.org, 2024-11-13.
  14. ↑ Tell Congress: We Can't Afford More Bad Patents[archived], eff.org.
  15. ↑ 15.00 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 Electronic Frontier Foundation et al., PERA letter[archived], 2024-09-17.
  16. ↑ Bock Jeremy W. et al., PERA letter[archived], 2024-09-18.
  17. ↑ American Society of Human Genetics et al., Stakeholder Letter Opposing PERA 2024[archived], ashg.org, 2024-03-12.
  18. ↑ 18.0 18.1 Block the PERA and PREVAIL Act – A major step back for software freedom[archived], endsoftwarepatents.org, 2024-11-13.
  19. ↑ 19.0 19.1 TAKE ACTION: Block the PERA and PREVAIL Act – A major step back for software freedom[archived], fsf.org, 2024-11-13.
  20. ↑ 20.0 20.1 20.2 20.3 20.4 20.5 American Civil Liberties Union et al., Coalition Letter Opposing the PREVAIL ACT and PERA[archived], aclu.org, 2024-01-30.
  21. ↑ BPI and Coalition of Trades Oppose PREVAIL Act and Patent Eligibility Restoration Act[archived], bpi.com, 2024-09-17.
  22. ↑ CSRxP: Senate Judiciary Committee should reject pharma-supported policies that would undermine bipartisan progress on patent abuse[archived], csrxp.org, 2024-09-25.
  23. ↑ CCIA Statement on the Reintroduction of the Patent Eligibility Restoration Act[archived], ccianet.org, 2025-05-01.
  24. ↑ PIRG letter to vote NO on PERA and PREVAIL[archived], publicinterestnetwork.org, 2024-09-18.
  25. ↑ Brough Wayne, Coalition Letter Opposing the mark up for the Patent Eligibility Restoration Act (S. 2140)[archived], rstreet.org, 2024-09-16.
  26. ↑ SIIA Joins Coalition Urging Senate to Oppose the Patent Eligibility Restoration Act (PERA)[archived], siia.net, 2024-09-16.
  27. ↑ US*MADE Joins Industry Opposition Letter to PERA and PREVAIL Legislation[archived], us-made.org, 2024-09-17.
  28. ↑ Senator Chris Coons (D-DE) Speaking at C4IP Launch Reception[archived], c4ip.org, 2022-09-28.
  29. ↑ About C4IP[archived], c4ip.org.

External links

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