As Congress returned to Washington, the Senate Judiciary Committee held a full committee hearing to consider a number of critical bills that could bolster America’s innovation landscape, protect intellectual property (IP) and strengthen the U.S. economy. Among the bills considered were:
Patent Eligibility Restoration Act (PERA)
Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act
Inventor Diversity for Economic Advancement (IDEA) Act
We Work For Health urges policymakers to recognize the importance of these reforms and the continued need to support and modernize the IP infrastructure to allow the United States to continue leading the world in innovation. American workers, innovators and researchers across a wide range of industries, including health care and biopharma, depend on these protections.
Over the past decade, a series of Supreme Court rulings has narrowed the scope of patent eligibility, making it difficult for innovations in fields like the life sciences to secure proper IP protections. The Patent Eligibility Restoration Act (PERA) aims to restore these parameters, which are vital to incentivizing high-risk research and development.
By eliminating restrictive judicially created exceptions, PERA will ensure that cutting-edge technologies receive the IP protection they deserve. Strengthening patent eligibility will safeguard America’s leadership and competitiveness globally.
The PREVAIL Act seeks to address inefficiencies and unfair practices within the Patent Trial and Appeal Board (PTAB). While the PTAB was intended to resolve patent disputes efficiently, it often subjects innovators to many costly legal challenges. This bill would help prevent duplication by streamlining the process to a single PTAB proceeding. It would also mandate uniform standards for patent challenges, leveling the playing field and ensuring fair standards. By enhancing transparency and establishing consistency in IP protection, lawmakers can encourage innovators to invest time and resources into pursuing patents.
Ensuring equitable access to the patent system is also a must. The Inventor Diversity for Economic Advancement (IDEA) Act would help build a more inclusive IP system by directing the U.S. Patent and Trademark Office to collect demographic data. Historically, patent access has been disproportionately low for women and minority groups. The IDEA Act’s data collection mandate will enable policymakers to understand and address these disparities while fueling diverse innovation and economic progress.
Each of these bills – the PERA, PREVAIL and IDEA Acts – represents strategic steps toward a more robust, fair and inclusive IP system. Support for these bills during the Senate Judiciary Committee mark-up and through their passage helps ensure the U.S. will continue to empower innovation, job creation and economic growth in the life sciences industry and beyond.
Visit We Work For Health for a number of resources on intellectual property, including: Patents and Intellectual Property: The Bedrock of American Innovation.