Patents for software and genetic code could be revived by two bills in Congress
The Senate Judiciary Committee is reviewing two bills, PERA and the PREVAIL Act, which aim to expand patent eligibility for software and human genes, facing opposition from open source advocates.
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The Senate Judiciary Committee is set to review two bills, the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act, which aim to reverse Supreme Court decisions that limit patents on software and human genes. PERA seeks to eliminate judicial exceptions to patent eligibility, potentially allowing for the patenting of broad software processes and isolated human genes, which were previously deemed unpatentable. This follows a 2013 Supreme Court ruling that prohibited the patenting of naturally occurring DNA. The PREVAIL Act proposes to restrict the length of patent challenge petitions and eliminate clearance patents, complicating the process for contesting patent claims. Open source advocates, including the Linux Foundation, are mobilizing against these bills, arguing they would benefit patent trolls and hinder innovation. The bills have garnered support from the pharmaceutical industry, while many advocates for affordable drugs oppose them. The Judiciary Committee's discussions may lead to amendments or revisions of the proposed legislation.
- The Senate is considering two bills that could revive software and genetic code patents.
- PERA aims to eliminate judicial exceptions to patent eligibility, potentially allowing broader patent claims.
- The PREVAIL Act would limit the length of patent challenge petitions, complicating the contesting process.
- Open source advocates are opposing the bills, citing concerns over patent trolls and innovation stifling.
- Pharmaceutical groups support the bills, while advocates for lower-cost drugs are against them.
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The Pro Codes Act allows SDOs to copyright legal standards, raising concerns about legal accessibility, taxpayer rights, and potential barriers for individuals with disabilities, prompting opposition from advocacy groups.
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