On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one of three significant bills it considered this year to reform the patent system. The other two bills, the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, may soon follow, although it is unlikely any will become law before the new Congress begins on January 3, 2025.
The IDEA Act, sponsored by Senator Mazie Hirono (D-HI) and garnering bipartisan support, would require the US Patent & Trademark Office to seek demographic data from patent inventors residing in the United States on a voluntary basis. The bill also includes safeguards to protect the confidentiality of the collected information and ensure it is not used as part of the examination process, with a report to be submitted to Congress biannually.
The substance of PERA and the PREVAIL Act, both sponsored by Senators Christopher Coons (D-DE) and Thom Tillis (R-NC), have been reported on previously here and here, respectively. PERA would revise the standards related to patent eligibility under 35 U.S.C. § 101, which have been broadly criticized as providing insufficient predictability and certainty. PERA would overturn Supreme Court precedent by establishing specific categories of exceptions to broad patent eligibility for inventions or discoveries. The PREVAIL Act would enact substantial changes to post-grant and inter partes review proceedings at the Patent Trial & Appeal Board, including by introducing a standing requirement, aligning standards more closely with district court standards, and strengthening estoppel provisions to prevent re-litigation of validity issues.
At the November 15 hearing, Coons and Tillis explained that they continue to receive feedback on PERA and the PREVAIL Act, both of which have been unsuccessfully introduced in previous years. Coons and Tillis both telegraphed optimism that the bills were moving toward being voted out of the subcommittee.
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