The Patent Eligibility Restoration Act (S. 2140), or PERA, threatens to undo crucial limitations established by the Supreme Court in the 2014 Alice v. CLS Bank decision, which currently prevents vague computer language from being patentable. This change could re-open the floodgates for low-quality software patents, risking an increase in patent trolling and stifling innovation in the tech industry.
The Senate Judiciary's upcoming votes on PERA and the PREVAIL Act threaten to expand the scope of patenting, including the patenting of human genes, undermining decades of progress in patent law. This potential deregulation is concerning, as it could result in the revival of numerous trivial patents, ultimately harming consumers, innovation, and public interests.
Many organizations, ranging from patient advocacy groups to startups, oppose the PERA and PREVAIL Act, citing that these bills favor a small number of patent holders at the expense of broader public interest. By limiting challenges to bad patents, the PREVAIL Act would prevent meaningful oversight of patent grants.
The urgency lies in alerting Congress that individuals and creators oppose laws that perpetuate patent abuse. With public support, there is potential to sway congressional representatives against legislation that could enable patent trolls to thrive once again.
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