“Uncertainty Surrounds Patent Eligibility Restoration Bill”

Law360 recently published a column by our partners Ryan Schermerhorn, Robert Jacobson, and Ryan Phelan, discussing the Patent Eligibility Restoration Act (PERA) and its probable impact on innovation.

The introduction of PERA represents a pivotal moment in the ongoing debate surrounding patent eligibility in the United States, aiming to eliminate judicially created exceptions and establish clearer statutory exclusions. However, while PERA seeks to provide clarity, its language introduces potential sources of uncertainty, raising questions about its effectiveness in addressing the complexities of patent eligibility. Nevertheless, it is incumbent on patent practitioners to understand the shifting dynamics in patent law to protect their valuable assets.

The authors summarize PERA’s intentions and reach but point out that it is too early to tell whether it will eventually become law. “But clearly, the introduction and consideration of this legislation is significant. That said, it is still being determined whether PERA will ultimately provide the patent eligibility clarity that so many folks (but not everyone) believe is necessary and/or whether PERA will create new sources of confusion and uncertainty,” they write.

Subscribers may access our partners article "Uncertainty Surrounds Patent Eligibility Restoration Bill" on Law360.