Patent Pandemonium: Why Congress Should Reject PERA and PREVAIL

Hot Take:

Ah, Congress, always finding new ways to make us question our faith in humanity. Introducing two bills that could make patent trolls dance with joy? It’s like giving a kid a candy store and telling them not to eat anything. PERA and PREVAIL are double trouble, and not the fun kind. They’re the kind that make you want to scream into a pillow. Let’s just hope Congress says “No thanks!” to these misguided gifts from the patent troll underworld.

Key Points:

• PERA and PREVAIL are two bills introduced in Congress that could reverse years of progress in curbing patent trolls.
• PERA would allow patents on basic software and even human genes, overturning significant Supreme Court decisions.
• PREVAIL would weaken the public’s ability to challenge bad patents by limiting the inter partes review process.
• Both bills are backed by the same groups and have coordinated support, making them a formidable threat.
• EFF and other advocates are urging Congress to reject these bills and focus on real reforms to protect innovators.

Patent Pains: The Return of the Trolls

If you thought patent trolls were a thing of the past, think again. Congress is considering two bills that could open the floodgates for vague and overly broad patents. The Patent Eligibility Restoration Act (PERA) and the PREVAIL Act are like the dynamic duo of doom for the patent system. Together, they make it easier for patent trolls to claim ownership of ideas that should never be patented. It’s like giving a toddler a permanent marker and leaving them alone with your white walls. Chaos ensues.

PERA: A Blast from the Bad Past

Remember those terrible software patents on things like online bingo and matchmaking? Well, PERA is like a time machine taking us back to those dark days. This bill would overturn important Supreme Court decisions that have kept some of the worst patents at bay. PERA would allow patents on abstract ideas and even human genes, threatening the progress made in biotechnology and software development. The language is so vague that it might as well say, “Patent whatever you want, we don’t care!” It’s a patent troll’s dream come true.

PREVAIL: When Challenging Patents Becomes Mission Impossible

Just when you thought it couldn’t get worse, enter the PREVAIL Act. This bill would make it much harder to challenge bad patents. It targets the inter partes review (IPR) process, which has been a lifesaver for those fighting against wrongly granted patents. By limiting who can file an IPR and raising the burden of proof, PREVAIL is like putting a lock on the only escape door in a burning building. Nonprofits and open-source advocates would find themselves stuck in a nightmare where bad patents are nearly impossible to challenge.

A Step Backward: The Unbalanced Act

Supporters claim these bills are about restoring balance to the patent system, but it’s more like tipping the scales in favor of patent trolls. With patent trolls filing a staggering 88% of all patent lawsuits in the tech sector, the last thing we need is legislation that gives them more power. The progress made with the Alice and Myriad decisions, and the IPR process, helped level the playing field. PERA and PREVAIL would undo all that, turning the patent system into a playground for the greedy.

Public Enemy Number One: The People

These bills are backed by industry groups with a vested interest in maintaining aggressive patent licensing. While their voices are loud, they don’t speak for the public good. We need laws that protect developers, creators, and small businesses—not laws that make it easier for a tiny group of patent owners to hold everyone else hostage. Instead of PERA and PREVAIL, Congress should focus on real reforms that close loopholes and add transparency to the patent system. Let’s make the patent world a better place, one less troll at a time.

So, if you love innovation and hate patent trolls, it’s time to take action. Tell Congress to reject PERA and PREVAIL before they turn the patent system into a dystopian nightmare. We’ve come too far to let a couple of bills drag us back into the dark ages of patent law. Let’s keep the trolls under the bridge where they belong.