ARTICLE
20 November 2024

Fostering Innovation In Personalized Medicine: The Patent Eligibility Restoration Act

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Foley & Lardner

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A planned vote in the Judiciary Committee on the Patent Eligibility Restoration Act (PERA) was recently delayed in the Senate. The bill was introduced by Sens. Chris Coons, D-Del., and Thom Tillis, R-N.C., in 2023.
United States Intellectual Property

A planned vote in the Judiciary Committee on the Patent Eligibility Restoration Act (PERA) was recently delayed in the Senate. The bill was introduced by Sens. Chris Coons, D-Del., and Thom Tillis, R-N.C., in 2023. It previously was scheduled for a vote in the Judiciary Committee in September before it was delayed until after the 2024 election.

In part, PERA would help clarify patent protection for certain inventions that use or relate to artificial intelligence (AI), computer networks, natural products and diagnostic methods. The bill is responsive to the view that there is too much uncertainty about which inventions can be patented. In addition, some view that too many patents are being found invalid for only covering abstract ideas or natural laws.

Greater clarity regarding patent eligibility for these inventions would assist personalized medicine. The innovative use of artifical intelligence and machine learning is playing a pivotal role in transforming personalized medicine. In addition, personalized medicine relies on accurate diagnostic methods that can find the right treatment for the right patient at the right time. For example:

  • Drug Discovery: AI accelerates the drug discovery process by simulating interactions between drugs and target diseases. This can accelerate research timelines and increase the likelihood of developing effective treatments.
  • Data-Driven Insights: AI algorithms analyze vast amounts of patient data, from genomic sequences to lifestyle choices, helping health care professionals tailor treatment plans for each individual.
  • Predictive Analytics: By identifying patterns and trends in patient data, AI can predict disease outcomes and treatment efficiency, leading to proactive and personalized care strategies.
  • Patient Management: AI-powered applications monitor patient progress in real-time, dynamically adjusting patient treatment plans. This ensures that care remains optimized throughout a patient's health journey.

By clarifying and expanding patent eligibility, PERA empowers companies and researchers to protect their breakthroughs and foster investment in pioneering research. With clearer guidance on patent eligibility, investors may feel more confident backing pioneering projects.

PERA can be a game changer for innovators in personalized medicine and life sciences in general. For those invested in personalized medicine, keeping an eye on the status of PERA is crucial.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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