LES USA & Canada Supports Patent Eligibility Restoration Act of 2022

Licensing Executives Society, USA & Canada, Inc. President Scott Williams issued the following statement on the Patent Eligibility Restoration Act of 2022 recently introduced by Senator Thom Tillis (R-NC):

The Licensing Executives Society, USA & Canada (LES) commends Senator Thom Tillis on the introduction of the Patent Eligibility Restoration Act of 2022.  This Bill is the result of many years of principled discussion and good faith negotiation among diverse stakeholders eager to support America’s leadership in innovation by providing greater clarity as to patent eligible subject matter.  America’s leadership in innovation is rooted in its founding documents, which gave Congress the power to promote the progress of the useful arts by securing to inventors the exclusive rights to their discoveries.  In securing such rights, inventors are properly incentivized to devote themselves to creative endeavors that bring new products and processes into existence for the benefit of all.

Historically, Section 101 of our Patent Act, which defines the categories of invention and discovery eligible for patent protection, has been broadly interpreted.  While it was left to other sections of the statute to assess the merits of a particular invention, the U.S. rightly encouraged innovation by making many different types of discovery eligible for patent protection.  Recently, however, judicial decisions muddied the waters, and created confusion as to what sort of invention could be patent protected.  As a result, many inventions of the sort historically deemed eligible, have been denied patent protection.  Meanwhile, other countries are granting patents in those same categories, leading to greater innovation and more investment in overseas enterprises.

The Patent Eligibility and Restoration Act of 2022 is a much needed step toward restoring certainty to the US patent system and to properly rewarding meritorious innovation.  It will more fully bring to fruition the founders’ express purpose of promoting the progress of the useful arts by encouraging invention, and investment in the development of useful and meritorious products and processes, all to the public benefit.  LES supports the Patent Eligibility Restoration Act of 2022, and urges Congress to give it careful consideration, and swift passage into law.