WASHINGTON, D.C. – Today, Representatives Scott Peters (D-CA-50) and Kevin Kiley (R-CA-03) and U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) reintroduced legislation to restore patent eligibility for inventions that are essential to the life sciences and technology industries. Their Patent Eligibility Restoration Act will help support American businesses and universities from foreign actors that stand to steal their innovations.  

“For more than two centuries, a U.S. patent has guaranteed inventions will be protected from theft, helping the U.S. become the innovation capital of the world. San Diego, in particular, is the proud home of a thriving life sciences and technology ecosystem that has benefited from these protections,” said Rep. Peters. “Over the last 15 years, however, several Supreme Court decisions have created confusion about what exactly is eligible for a patent. Innovators, consumers, and even the judges who adjudicate patent law have called on Congress to provide clarity on what can be patented. I look forward to working with Congressman Kiley, Senator Coons, and Senator Tillis to advance our Patent Eligibility Restoration Act and protect American innovation.” 

“American innovators have been at a disadvantage in recent years because of the U.S. patent system,” said Rep. Kiley. “Convoluted Supreme Court rulings and tests on subject matter eligibility have made it increasingly difficult for inventors to receive patents, leading to foreign companies overtaking our own. That's why I'm proud to introduce the bi-partisan Patent Eligibility Restoration Act, which will dramatically reverse this trend, and unleash a tide of economic growth and job creation here at home.” 

“When American innovators know their ideas are eligible for patent protection, they take the risks that push us into the future – whether that’s the next medical test or the latest AI technology,” said Senator Coons. “PERA restores clarity to the law on what can be patented and what cannot – guidance that federal courts have been requesting for years and that the Supreme Court has refused to provide. Congress must step up to provide America’s inventors with the stable legal foundation they need to produce the cutting-edge technologies that power our economy.” 

“Clear, reliable, and predictable patent rights are imperative to enable investments in the broad array of innovative technologies that are critical to the economic and global competitiveness of the United States, and to ensuring the national security of our great country,” said Senator Tillis. “Unfortunately, a series of Supreme Court decisions have rendered patent eligibility law unclear, unreliable, and unpredictable, resulting in U.S. inventors being unable to obtain patents in areas where our economic peers offer patent protection. This is particularly concerning in the economically critical areas of biotechnology and artificial intelligence. This bipartisan, bicameral legislation maintains the existing statutory categories of eligible subject matter, which have worked well for over two centuries, while addressing inappropriate judicially created eligibility limitations by creating clear rules for what is eligible. We cannot allow foreign adversaries like China to overtake us in key areas of technology innovation due to the current state of patent eligibility law. I look forward to continuing to work with all stakeholders on this important matter. Passing patent eligibility reform is one of my top legislative priorities.” 

Background: 

Throughout our history, patent law has generally recognized three limited judicial exceptions to patent eligibility: abstract ideas, natural phenomena, and laws of nature. Since 2010, the Supreme Court has handed down several rulings that vastly expand those three initial exceptions. As a result, new medical diagnostics, like those pioneered by the biosciences community in San Diego, are almost entirely excluded from patent eligibility. 

There is widespread bipartisan agreement in Congress and across recent Administrations that reforms are necessary to restore the United States to a position of global strength and leadership in key areas of technology and innovation, such as medical diagnostics, biotechnology, personalized medicine, artificial intelligence, 5G, and blockchain. 

PERA would replace vague judicial exceptions like "abstract ideas" and "laws of nature" with a clear statutory framework for determining patent eligibility. This change will give inventors and courts predictable guidelines, reducing confusion and inconsistency in patent determinations. 

By broadening patent eligibility to include areas like AI and medical diagnostics, PERA brings U.S. patent law in line with our international competitors. This alignment will help prevent innovation and investment in these areas from drying up in the United States and flowing to countries with more accommodating patent systems. 

Full text of the bill is available HERE.

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