Patent eligibility reforms will trigger uncertainty, undermining innovation

[Emily G. Blevins, 8-3-22, Congressional Research Service Science and Technology Policy Analyst, Congressional Research Service, “Patents and Innovation Policy,” , accessed: 7-9-24, ES]

If Congress chooses to enact patent reforms, it might consider the potential consequences, both intended and unintended, that such policies might have on the U.S. innovation ecosystem. For example, changes to patent subject matter eligibility standards might have an outsized effect on the patentability of emerging technologies. Additionally, changes to patent administration, especially administrative mechanisms used to challenge patent validity, might either strengthen or reduce the quality of patents issued by the USPTO. Any such changes to patent policy, for example, could impact the perceived certainty and enforceability of patent rights, which may increase the financial risk associated with investing in innovation. Additionally, the extent to which targeted reforms of the patent system might impact who participates in the U.S. innovation ecosystem as well as the quality of the inventions it produces.