Rep. Kiley Reintroduces Legislation to Improve American Innovation

WASHINGTON – Rep. Kevin Kiley (R-CA) introduced the Patent Eligibility Restoration Act (PERA) in congress this week. PERA provides clarity on patent subject matter eligibility by eliminating all existing judicial precedents and tests on the topic. Reps. Kiley and Scott Peters (D-CA) are co-leads in the House, while Sens. Thom Tillis (R-NC) and Chris Coons (D-DE) are co-leads in the Senate.

Over the last 15 years, the Supreme Court has issued a series of complex rulings and tests regarding subject matter eligibility for patents. Despite repeated requests for clarification and revision, the Supreme Court has declined to intervene. This confusion has disincentivized innovators from patenting inventions, instead encouraging them to keep them private as trade secrets. PERA would change this and encourage investors to publish their designs or creations by applying for patents, catalyzing an environment where novel development can proliferate.

“American innovators have been at a disadvantage in recent years because of the U.S. patent system,” Rep. Kiley said. “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 introduced the bi-partisan Patent Eligibility Restoration Act, which will reverse this trend, and unleash a tide of economic growth and job creation here at home.”

PERA states what types of creations are subject matter ineligible by explicitly listing them. Anything that is not prohibited is then considered eligible subject matter. Subject matter is only one requirement an invention needs to meet to receive a patent. PERA will not grant patents to inventions if they fail to meet other requirements in the process.

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