When it comes to American Exceptionalism and our nation’s unrivaled legacy of invention, prosperity and power, no factor merits more credit than the fact that we value and protect intellectual property (IP) – patents, copyrights, trademarks and trade secrets – more than any other nation.  Our Founding Fathers treasured IP so much that they explicitly protected it in the text of Article I of the Constitution, and the ensuing results speak for themselves.  

For that reason, CFIF reiterates its strong support for the Patent Eligibility Restoration Act (PERA), as the Senate Judiciary Committee holds a hearing this week on the bill entitled, “From Genes to Machines: the Patent Eligibility Debate.”  

PERA, which offers a rare point of bipartisan consensus in our otherwise divisive political environment, would restore greater fairness and legal certainty for America’s innovators.  

That takes on greater importance each passing day, as China and other global rivals work tirelessly to catch the United States as the world’s leader in innovation.  Existing patent rules undermine that certainty because governing procedures at the U.S. Patent Trial and Appeal Board (PTAB) self-destructively tip the legal scales against patent holders.  

More specifically, U.S. Supreme Court and other decisions in recent years have created vague, judicially concocted exceptions that resulted in uncertainty across medical, tech and other innovation-intensive industries.  That has in turn negatively impacted inventors and the investors who support them, who must rely upon the certainty that valuable breakthroughs will receive and retain patent protection.  

Strong, predictable patents attract investment, reward risk and encourage commercialization. PERA would restore overdue correction by clarifying patent eligibility standards and reestablish Congress’s proper authority over patent law while strengthening America’s leadership.  For that reason, CFIF strongly supports PERA, and urges Congress to pass it for President Trump’s signature without any further needless delay.  

Last year, CFIF produced a web video in large part urging Congress to pass PERA. The video features leading experts who’ve appeared on CFIF’s IP Protection Matters podcast explaining how the bill will clarify patent eligibility.  Those experts include: The Honorable Paul R. Michel, former Chief Judge on the U.S. Court of Appeals for the Federal Circuit; Alden Abbott, Senior Research Fellow at Mercatus Center and former General Counsel at the Federal Trade Commission; Chris Israel, Executive Director of Alliance of U.S. Startups and Inventors for Jobs; James Edwards, Founder and Executive Director of Conservatives for Property Rights; and Karen Kerrigan, President & CEO of the Small Business & Entrepreneurship Council. Watch the video below.   

###