Promoting American Innovation with a Landmark Patent Law

Senators Chris Coons and Thom Tillis have recently introduced the 2023 Patent Eligibility Restoration Act (PERA), recognizing the need for change in U.S. patent eligibility law. PERA is a game-changer that will promote American innovation, increase the economic and global competitiveness of the United States, and improve national security.

The Act addresses the confusion and inconsistency stemming from judges’ efforts to apply exceptions to patent eligibility. Senator Coons emphasizes the necessity of tackling uncertainty surrounding what innovations qualify for patent protection. Notably, technologies like medical diagnostics and artificial intelligence, currently limited by case law, could gain patent eligibility under this proposed legislation.

Changes Proposed by the Act:

PERA introduces two key changes to U.S. patent law. It eliminates current judicially-created exceptions to patent eligibility and directs courts to consider only 35 U.S.C. § 101 when making eligibility determinations. The proposed amendments to § 101 outline exclusions, such as economic processes, mental processes, unmodified human genes, and natural materials. Additionally, changes to § 100 refine the definition of “process” for added clarity.

How These Changes Benefit Individuals:

The Act strives to strike a balance by restoring patent eligibility to crucial inventions across various fields while addressing concerns about patenting mere ideas and the discovery of existing natural elements. According to Senator Tillis, the legislation aims to prevent foreign adversaries, like China, from surpassing the U.S. in key technology innovations. The Act is viewed as an essential step in maintaining America’s competitive edge and fostering innovation.

If you support the changes proposed by the 2023 Patent Eligibility Restoration Act, consider reaching out to your Senators and Congresspersons. Your voice matters in ensuring the Act gains traction and becomes law. Advocate for clarity in patent eligibility law and support the innovation that drives our nation forward.

At Pearson IP, we understand the significance of securing patents to protect your intellectual property. Our expertise empowers clients to navigate the complex landscape, ensuring their innovations receive the recognition and safeguarding they deserve. If you’re looking to protect your intellectual assets, we’re here to guide you through the process.


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