“The location of the Section 2 Declaration, solely in the Congressional findings / preamble portion of the PERA of 2023, jeopardizes its ability to be accorded any weight in a court’s interpretation of Section 101.”
On June 22, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act (“PERA”) of 2023.
Elsewhere, I have discussed the substantive changes that the PERA of 2023 made to its predecessor, the PERA of 2022; how several of the changes in the 2023 legislation to the proposed updated version of Section 101 of the Patent Act directly addressed criticisms of statutory language originally proposed in the PERA of 2022; and why the changes result in a clearer bill that even further enhances patent eligibility. Read more