We've been closely monitoring two proposed bills regarding patent law—the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act. The Senate Judiciary Committee would have considered both bills yesterday, but they have now been postponed to next week. If ultimately passed, each would have far-reaching implications for how patent litigators and companies develop strategies for litigating a patent infringement case. In short, PERA would drastically impact the Section 101 eligibility analysis, while the PREVAIL Act would influence how a defendant challenges a patent's validity at the PTAB and in litigation. Stakeholders on all sides have submitted comments on the proposals, but the support for and opposition to the bills does not fall neatly along political lines. Anyone interested in the space should watch what happens next week and if they end up being placed on the legislative calendar for floor consideration.
We did a deep dive into both bills last year in Law360, which can be found here.
Legislation aiming to reduce decisions finding inventions ineligible for patenting and restrict invalidity challenges at the Patent Trial and Appeal Board will likely be considered by the Senate Judiciary Committee next week, a sponsor of the measures said Thursday.
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