The reintroduction of the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act in Congress represents a serious threat to patent reform, enabling the issuance of vague and broad patents and impeding public challenges. PERA specifically seeks to overturn important court rulings, such as Alice v. CLS Bank and Myriad v. AMP, which have historically prevented patents on abstract ideas and human genes. If enacted, PERA would dilute patent quality, leading to an increase in low-quality software patents and stifling innovation.
PERA would legally allow patents on basic software and human genes, overturning longstanding court decisions that have kept vague patents out of the system.
Together, the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act will make it easier to obtain vague patents while complicating public challenges against them.
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