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.