2023 Version of Patent Eligibility Restoration Act Introduced - Part 2: Is There Room for Still Further Improvement?

To further strengthen Section 101, Congress should copy the text of the Section 2 Declaration into Section 101 itself and add therein a statement of intent to overrule judicial precedent inconsistent with amended Section 101. This would more strongly align the statutory text with legislative intent and would further reduce the possibility of a judicial interpretation at odds with the Section 2 Declaration. Congress ought to therefore consider further amending Section 101 to insert a new subsection (a) stating “All judicial exceptions to patent eligibility are eliminated, and to the extent judicial precedent invoked patent eligibility exceptions not enumerated in this Section, all such judicial precedent is hereby expressly overruled,” and to renumber the ensuing subsections accordingly.

ipwatchdog.com/...