Update 11/21/2024: The Senate Judiciary Committee voted 11-10 in favor of PREVAIL, and several senators expressed concerns about the bill. Thanks to EFF supporters who spoke out! We will continue to oppose this misguided bill.
Update 11/14/2024: The PERA and PREVAIL patent bills were pulled at the last minute today, without getting a committee vote. Senators are right to have concerns with these deeply flawed bills. We hope to engage with the next Congress on real patent fixes—changes that will create a more fair system for small companies and everyday users of tech. Thanks to all those who spoke out! If you haven't told Congress your opinion on these terrible patent bills, you can still do so using our action center linked below. Help us move the next Congress in a different direction.
This week, the Senate Judiciary Committee is set to use its limited time in the lame-duck session to vote on a bill that would make the patent system even worse.
The Patent Eligibility Restoration Act (S. 2140), or PERA, would undo vital limits on computer technology patents that the Supreme Court established in the landmark 2014 Alice v. CLS Bank decision. Alice barred patent applicants from obtaining patents simply by adding generic computer language to abstract ideas.
Tell Congress: No New Bills For Patent Trolls
While Alice hasn’t fully fixed the problems of the patent system, or patent trolling, it has led to the rejection of hundreds of terrible software patents, including patents on crowdfunding, tracking packages, photo contests, watching online ads, computer bingo, upselling, and many others.
PERA would not only revive these dangerous technology patents, but also expand patenting of human genes—a type of patent the Supreme Court essentially blocked in 2013.
The Senate Judiciary is also scheduled to vote on the PREVAIL Act (S. 2220) that seeks to severely limit the public’s ability to challenge bad patents at the patent office. These challenges are among the most effective tools for eliminating patents that never should have been granted in the first place.
Passing these bills would sell out the public interest to a narrow group of patent holders. EFF stands together with a broad coalition of patients rights groups, consumer rights organizations, think tanks, startups, and business organizations to oppose these harmful bills.
This week, we need to show Congress that everyday users and creators won’t support laws that foster more patent abuse. Help us send a clear message to your representatives in Congress today.
Tell Congress to reject pera and prevail
The U.S. Senate must reject bills like these that would allow the worst patent scams to expand and thrive.
