What is the Patent Eligibility Restoration Act (PERA Act)?

Federal lawmakers are considering reform of United States patent law. The Patent Eligibility Restoration Act (PERA Act) is proposed legislation that would clarify key aspects of American patent law. It has bipartisan support, but it has not yet been signed into law. In this article, our Florida patent law litigation attorney provides an overview of the proposed federal law.

Know the Proposed Law: The Patent Eligibility Restoration Act (PERA Act)

The PERA Act is bipartisan proposed federal legislation that would, if enacted, amend 35 U.S.C. § 101. That part of the federal code is the statutory provision that defines what inventions qualify for patent protection in the United States. Under the current law, a patent may be granted for “any new and useful process, machine, manufacture, or composition of matter, or any useful improvement thereof.” The PERA Act would amend that statutory text to clarify, expand, and restore eligibility for a broad array of inventions by eliminating all judicially created exceptions to eligibility. Under the proposal, eligibility would be determined by whether the claimed invention fits within the statutory categories of § 101, without consideration of judicial exceptions.

Elimination of Judicial Exceptions: Why it Matters 

Why is the PERA Act being considered as a reform? A big reason is the impact on court decisions on patent eligibility over the last few decades. For years, patent eligibility has turned on court-created exceptions that do not appear in the patent statute itself. Courts have excluded inventions labeled as “abstract ideas,” “laws of nature,” or “natural phenomena.” That is true even when Congress never wrote those limits into the law. These judicial tests evolved through case law. There are also circumstances in which the different tests have produced inconsistent results. Similar inventions received opposite outcomes depending on how a judge framed the claim. The PERA Act proposes to eliminate those judge-made exceptions and return eligibility analysis to the statute alone.

Big Implications: If passed into law, the PERA Act would expand the number of different inventions that would be eligible for patent protection.

The PERA Act has Key Support, but Still Needs to Pass Some Hurdles to Become Law

Sponsors from both political parties have advanced the PERA Act in the Senate and House. They describe the bill as necessary to provide clarity, predictability, and consistency in patent eligibility law. Backers argue that the current judicially driven exceptions inject uncertainty, especially for emerging technologies in biotechnology, medical diagnostics, artificial intelligence, and software. Still, the bill needs more support to become law. It is likely to be taken up again by congress at some point in 2026. Our firm will keep a close eye on the proposed reform.

Schedule a Confidential Consultation With Our Florida Patent Litigation Lawyer

At Perkins Law — Brand Protection, our Florida patent litigation attorney is a knowledgeable, experienced advocate for clients. If you have any questions about patent law, we are here as a resource that you can trust. Call us now or contact us online to arrange your completely confidential case review. Our firm handles patent law cases throughout South Florida.

Source:

congress.gov/bill/119th-congress/senate-bill/1546