What is the Patent Eligibility Reform Act (PERA)?

PERA aims to overhaul §101, excluding broad categories like economic processes while exempting machine-aided ones—critics say it barely changes Alice.

How does Lefstin and Menell's proposal improve PERA?

Shifts to utility-based exclusions (e.g., nontechnological primary use), bans computerized business processes, and adds a research exemption for natural materials.

Will PERA reform affect AI and software patents?

Likely yes—pure business AI apps get excluded, but inventive tech implementations (e.g., novel algorithms) should survive under a utility test.

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Patent Professors Propose a PERA Fix That Actually Bites

What if the Patent Eligibility Reform Act's big swing at fixing §101 ends up whiffing entirely? Two law profs have a sharper proposal—one that targets utility, not vague categories.

theAIcatchup Apr 08, 2026 3 min read

Professors Lefstin and Menell outlining PERA eligibility revisions on a legal pad

⚡ Key Takeaways

PERA's exclusions are undermined by a broad machine exemption, patenting nearly everything but mental steps. 𝕏
Lefstin and Menell's utility-focused rewrite targets nontechnological processes precisely, including their software implementations. 𝕏
New research exemption for natural materials prevents patent thickets from stifling innovation. 𝕏

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theAIcatchup

Where law meets technology.

#Alice Mayo #PERA #PERA 2025 #Section 101 #biotech patents #patent eligibility #section 101 reform

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Originally reported by Patently-O

⚡ Key Takeaways

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