Current IPR subject matter jurisprudence is popular in many sectors – the plan’s reform would be controversial
USPTO, Report to Congress Patent eligible subject matter: Public views on the current jurisprudence in the United States June 2022 https://www.uspto.gov/sites/default/files/documents/USPTO-SubjectMatterEligibility-PublicViews.pdf
Relatedly, stakeholders highlighted that the data do not support the inference that the current subject matter jurisprudence is having a negative impact on investment in innovation.358 One software industry organization reported that “[s]ince Alice, investment and innovation in the information industries have thrived.”359 The organization noted that “[a]ccording to the Bureau of Economic Analysis, for example, the ‘digital economy’—which includes high-tech goods and services, technological infrastructure, e-commerce transactions, and digital media—accounts for about 9.6% of U.S. GDP, and grew at 6.5% per year on average between 2005 and 2019.”360 Several commenters also pointed to more granular evidence of the post-Alice health of the technology sector.361 For example, in examining startup and venture capital activity, an industry association pointed out that $70.4 billion in U.S. venture funding was raised for technology-related activities with global investing at record levels.362 In comparison, this organization noted that China experienced a drop in venture funding during the same period. Moreover, some commenters contended that the United States remains the preferred destination for investment in AI.364 One software association referenced a robust 39% increase year over year of U.S. AI deals.365 This association noted that investment in AI in the United States was approximately $23.6 billion for the second quarter of 2021, more than double the investment in AI in the next two leading countries, that is, China and the United Kingdom.366 Another high-tech association asserted that investment in research and development has been particularly strong in the Alice-affected technologies, citing continued growth in venture capital and investments in startup companies, “with 2021 on track to be ‘another consecutive record-setting year.’”367 This association also referenced impressive growth in investment in startups involving affected technologies like AI, in which “funding for artificial intelligence firms reached a record high of $20 billion in 2021, up from $9 billion two years earlier.”368