Bill Overview
Title: Patent Eligibility Restoration Act of 2022
Description: This bill amends the law relating to patent subject matter eligibility to establish that only specified subject matter (e.g., a natural process wholly independent of human activity) are ineligible for patenting. (Currently, subject matter eligibility is determined by examining whether the claimed invention is directed to certain ineligible categories, and if so, whether there is an inventive concept.)
Sponsors: Sen. Tillis, Thomas [R-NC]
Target Audience
Population: Researchers, Inventors, and Individuals in R&D-intensive industries
Estimated Size: 12000000
- The bill alters what types of inventions can be patented, which directly affects inventors and those in industries reliant on patent protections.
- Industries heavily involved in research and development are most impacted, particularly in technology and pharmaceuticals.
- This may include universities and research institutions involved in the initial stages of R&D.
- The bill may influence international patent applicants seeking protection in the US, impacting international business strategies.
Reasoning
- The policy primarily affects inventors, researchers, and industries that rely heavily on patents, such as pharmaceuticals and tech.
- The impact is both on the individual and institutional level, affecting wellbeing depending on how much they rely on current patent laws.
- Researchers in academia may see little direct impact on immediate wellbeing, but those in patent-heavy R&D may experience significant changes.
- The budgetary constraints suggest a focus on initially supporting those most directly affected, such as independent inventors and startups.
- Spread across 12 million estimated impacted individuals, any support needs to be efficient to have a noticeable impact on wellbeing.
Simulated Interviews
Biotech Researcher (California, USA)
Age: 45 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- I think this change could open doors for more innovation in biotech industries like ours.
- Making natural processes patent-ineligible might increase competition but also collaboration in the field.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 8 | 7 |
Patent Lawyer (Massachusetts, USA)
Age: 37 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- Some clients may lose current patent protections, adding complexity to my job.
- We may face an uptick in litigation and reshuffling of patent strategies.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 5 | 5 |
Tech Startup Founder (Texas, USA)
Age: 29 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- This gives us the chance to innovate without stepping on existing patents that protect natural processes.
- We'll need to focus more on the uniqueness of human-made processes.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 9 | 8 |
| Year 3 | 9 | 8 |
| Year 5 | 9 | 8 |
| Year 10 | 9 | 8 |
| Year 20 | 8 | 8 |
University Researcher (North Carolina, USA)
Age: 55 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 2.0 years
Commonness: 7/20
Statement of Opinion:
- I'm not sure this change affects me unless it impacts our funding avenues.
- There might be fewer restrictions on publishing our work.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Corporate R&D Manager (Illinois, USA)
Age: 42 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 7.0 years
Commonness: 6/20
Statement of Opinion:
- This policy means we may need to rethink our R&D strategies.
- I worry about losing competitive edges in certain patents.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 5 |
Independent Inventor (Washington, USA)
Age: 30 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 4/20
Statement of Opinion:
- This could mean greater freedom to develop and market my inventions without fear of infringing on natural process patents.
- More competition might be a double-edged sword, though.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 6 |
Innovation Policy Expert (New York, USA)
Age: 48 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 3/20
Statement of Opinion:
- This is a move towards modernizing patent eligibility but may face backlash from big patent-heavy industries.
- It's an exciting change for people pushing the boundaries in their fields.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 9 | 6 |
| Year 20 | 8 | 5 |
Retired Engineer (Florida, USA)
Age: 62 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 5/20
Statement of Opinion:
- I'm somewhat concerned that this could devalue the patents I hold.
- It could, however, spur a wave of new innovations which are always welcomed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 5 | 6 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
International IP Consultant (Virginia, USA)
Age: 39 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 2.0 years
Commonness: 3/20
Statement of Opinion:
- Many of my clients will need to adapt their strategies if they rely on processes deemed unpatentable.
- This doesn't directly change my wellbeing much, but will make my work more dynamic.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Software Developer (Colorado, USA)
Age: 27 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 7.0 years
Commonness: 7/20
Statement of Opinion:
- Software patents can be tricky, and if natural processes are out, this might simplify some of our operations.
- I feel good about potential easing of patent restrictions on some software aspects.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 7 | 6 |
Cost Estimates
Year 1: $50000000 (Low: $30000000, High: $70000000)
Year 2: $35000000 (Low: $20000000, High: $50000000)
Year 3: $30000000 (Low: $15000000, High: $45000000)
Year 5: $25000000 (Low: $10000000, High: $40000000)
Year 10: $20000000 (Low: $5000000, High: $35000000)
Year 100: $5000000 (Low: $1000000, High: $10000000)
Key Considerations
- Balancing increased patent administrative costs with long-term innovation benefits.
- Impact on small businesses and inventors who might face increased competition from larger entities filing more patents under expanded eligibility.
- Potential for technological advancement leading to economic growth.
- Necessary updates to legal frameworks and potential for increased patent litigation.