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Enlarge / Historical image from the U.S. Patent and Trademark Office, showcasing innovations such as shutter fastenings by H.L. Norton in 1874, a time before software patents dominated discussions. (credit: Andrew Harrer/Bloomberg via Getty Images)
Senate Committee Set to Review Controversial Patent Bills
This Thursday, the Senate Judiciary Committee is slated to deliberate on two legislative proposals that aim to overturn recent Supreme Court decisions that reject patent eligibility for broad software algorithms and human genetic materials. Advocates for open-source technology and digital liberties are rallying against these reforms.
An Overview of Proposed Legislation
The proposed legislation known as the Patent Eligibility Restoration Act (PERA, S. 2140), championed by Senators Thom Tillis (R-NC) and Chris Coons (D-DE), seeks to modify the United States Code by removing “all judicial exceptions related to patent eligibility.” This shift would directly impact cases such as the landmark decision in 2014 where the Supreme Court concluded that executing an existing process on a computer does not qualify it as an innovative invention worthy of a patent.
Key Legal Precedents Impacted
The ruling articulated by Justice Clarence Thomas remarked, “The key inquiry is whether these claims offer more than just guidance for conducting an abstract concept—like intermediated settlement—on standard computing hardware.” He asserted that they fall short of this threshold.
This precedent draws parallels with another significant ruling: Bilski v. Kappos, which centered around a proposed patent based purely on price fluctuation hedging strategies within commodity markets.
With growing opposition from various advocacy groups focused on maintaining free internet standards and promoting technological innovation without heavy-handed restrictions, this legislative effort has ignited a new wave of debate surrounding intellectual property rights in tech.
