On July 14, 2026, USIJ submitted a statement for the record to the Senate Judiciary Committee ahead of its hearing, “From Genes to Machines: The Patent Eligibility Debate,” urging passage of the Patent Eligibility Restoration Act (PERA), S. 1546. USIJ argues that a string of Supreme Court decisions since 2010 have improperly expanded narrow eligibility exceptions, gutting patent protection for diagnostics, software, and gene-based medicine and driving billions in investment out of the sector. PERA would restore a clear statutory standard without touching the novelty, non-obviousness, or disclosure requirements.
“PERA reflects years of bipartisan, bicameral work, and has been refined to address stakeholder concerns across the innovation ecosystem. USIJ urges the Committee to move S. 1546 forward so American inventors, startups, and investors can operate with confidence that novel, non-obvious, adequately disclosed innovations will be eligible for patent protection.”