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The Patent Crisis: Why Congress Needs to Act Now

Posted by William P. Ramey III | Sep 10, 2025 | 0 Comments

The American innovation landscape is at a crossroads. The Supreme Court refuses to clarify its Alice and Mayo decisions. This isn't just another missed opportunity - it's a warning sign that our patent system is broken.

The mess we're in stems from years of confusing court decisions, especially the Alice-Mayo tests, which have left inventors scratching their heads about whether their innovations are even patentable. While lawyers argue over legal technicalities, real businesses and researchers are putting projects on hold, unsure if they can protect their work.

Here's what's especially frustrating: inventions that are patentable in Europe and China are getting rejected here at home. We're literally pushing innovation overseas while our global competitors race ahead. This isn't just about patents - it's about America's technological leadership.

But there's hope. The Patent Eligibility Restoration Act (PERA) offers a practical fix to this mess. This bipartisan bill would clear away the legal cobwebs and set straight-forward rules about what can be patented. It keeps a few sensible limits while opening the door for patents on important innovations in computing, biotechnology, and other crucial fields.

Think of PERA as a reset button for our patent system. Instead of letting judges make up rules as they go along, we'd have clear guidelines that everyone can understand and follow. This means inventors can focus on creating rather than worrying about legal gymnastics.

If you care about American innovation, here's what you can do:

- Look up PERA and understand what's at stake (https://scottpeters.house.gov/2025/5/patent-eligibility-reform-returns-to-the-hill-pera-2025-explained)

- Tell your representatives to support the bill  (https://www.house.gov/representatives/find-your-representative)

- Join the conversation in innovation and patent reform communities

We can't afford to let this opportunity slip by. The future of American innovation depends on fixing this now.

About the Author

William P. Ramey III

Managing Partner; Office: Houston

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