Recently, the Senate Judiciary Committee of the 118th Congress met to discuss the Patent Eligibility Restoration Act (PERA), which was introduced in June 2023. The bill, sponsored by Senator Thomas Tillis (R-NC) and Senator Chris Coons (D-DE), seeks to amend the United States Code regarding patent subject matter eligibility. The bill cites that “…specific circumstances have led to extensive confusion and lack of consistency” as one of the findings that underscore the need for an amendment to Title 35 of the United States Code.
(Image from: USPTO)
The problem lies in certain inventions being deemed ineligible for patent protection, especially within specific fields, due to varying interpretations. This frenzy began after several Supreme Court rulings, such as *Mayo Collaborative Services v. Prometheus Laboratories, Inc.*, 566 U.S. 66 (2012), and *Alice Corp. v. CLS Bank International*, 573 U.S. 208 (2014). These cases, among others, created an imbalance by making it harder to obtain patents and providing grounds to invalidate issued patents in certain sectors.
Current judicial interpretation deems laws of nature, natural phenomena, and abstract ideas ineligible for patent protection. These exceptions have greatly impacted inventions in the areas of medical diagnostics and computer applications. Some argue that conflicting rulings have given an advantage to other countries that allow patents in previously ineligible sectors.
Ultimately, the current exceptions in the U.S. Code would be amended by PERA. Under PERA, inventions that would not be eligible for patent protection include mathematical formulas that are not part of an invention, mental processes performed solely in the mind of a human being, unmodified human genes that exist in the human body, unmodified natural materials that exist in nature, and processes that are substantially economic, financial, business, social, cultural, or artistic.
While PERA hopes to stimulate American innovation and alleviate some of the current confusion and variation within interpretation, the ACLU cites its possible dangers, claiming that “…the Act would allow corporations and other entities to patent laws of nature and products of nature, including naturally occurring genes, giving them exclusive domain over research, development, and analysis. Such monopolies would result in higher healthcare costs, deny patients access to their health information, and create new hurdles for developing technologies to fight cancer, pandemics, and much more.”
Want to learn more about filing your own patent application? Need assistance? Feel free to call or email us at (713) 364-4796 or admin@madan-law.com.