May 1, 2025 – U.S. Senators Thom Tillis and Chris Coons, along with Representatives Kevin Kiley and Scott Peters, have reintroduced the Patent Eligibility Restoration Act. The proposed legislation would allow non-technical ideas and activities to be patented if they involve technology, even if the technology isn't central to the innovation.
The Computer & Communications Industry Association (CCIA), which advocates for both patent holders and those targeted by non-practicing entities, has provided commentary on the bill through patent counsel Josh Landau. According to Landau, “PERA and PREVAIL would primarily benefit hedge and sovereign wealth funds that invest money to sue actual inventors, hindering innovation and raising prices on American companies and consumers.”
Landau also noted that, “PERA would expand patentability to a level never before seen – fundamentally changing the U.S. patent system." He expressed concern that the act would facilitate the obtainment of weak patents that could be used by patent trolls against innovators, potentially causing increased litigation and higher costs for consumer goods and medications.
In addition to PERA, the legislative measures include the PREVAIL Act, which Landau criticized for potentially complicating access to the inter partes review process. He stated that PREVAIL “would make it even harder for innovative companies to access the highly effective inter partes review (IPR) process, where technically and legally trained Patent Office judges review a patent to see if it should have been granted.” He warned that this could benefit patent trolls while causing negative impacts on American businesses and consumers.