This article was updated Sunday, November 17 to reflect the
delay of the bills

Both the vote on the PERA Act, as well as the vote on the
PREVAIL Act have been delayed. Both bills are not yet off the
table, but there is now more time to take action and prevent
them from moving forward.

The US Senate will vote on two bills that, if passed, will
entrench software patents even further in the United States. The
Patent Eligibility Restoration Act (PERA), sponsored by
Senator Thom Tillis, seeks to “clear the legal landscape”
surrounding patents, but will effectively make obtaining software
patents even easier than before. Meanwhile, the Promoting and
Respecting Economically Vital American Innovation Leadership
Act (PREVAIL) Act, sponsored by Senator Christopher A. Coons,
would severely limit how the public can challenge wrongly granted
patents at the patent office.

PERA aims to eliminate crucial judicial exceptions to US patent eligibility law that have
served as barriers to granting some types of software
patents. These exceptions have been vital for protecting
developers and the broader tech community from some of the worst
software patents. But under this bill, those safeguards would be
stripped away.

Instead, PERA introduces codified criteria that would enable
broad software patents—allowing anyone to assert ownership over
even more abstract software ideas. Among its many provisions,
PERA would amend Section 101 of the US Code to provide that:

“[. . .] any process that cannot be practically performed
without the use of a machine (including a computer) or
manufacturer shall be eligible for patent coverage.”

This is likely to be interpreted by the courts as allowing software patents
that would not currently be allowed by law. This is a major step backwards for
software freedom and for our effort to End Software
Patents.

We cannot afford to let this bill pass without a fight. Software
freedom is at risk, and we need your voice now more than ever.

Take action!

Call your Senators

Find their numbers here
or dial the Senate at (202) 224-3121 and they will connect you.

Not sure what to say? Try using the following script:

Hi, I’m [NAME] from [PLACE]. I am calling you to urge you to
oppose both the PERA Act and the PREVAIL Act. The PERA Act would
enable harmful software patents, putting developers at risk of
patent abuse. The PREVAIL Act would make it harder to challenge
wrongly granted patents. Both bills threaten software
freedom. Please stand with developers and vote no on both. Thank
you.