Capital investment and innovation have increased since Alice
David Jones, 2024 – executive director of the High Tech Inventors Alliance. Statement Before the Subcommittee on Intellectual Property U.S. Senate Committee on the Judiciary, Hearing on “The Patent Eligibility Restoration Act – Restoring Clarity, Certainty, and Predictability to the U.S. Patent System” 1/24, https://www.judiciary.senate.gov/imo/media/doc/2024-01-23_-_testimony_-_jones.pdf //DH
Moreover, the benefits of the Alice decision are not limited to the relative increase in predictability. Other empirical studies have, for example, separately concluded that the Alice decision directly resulted in increased R&D investment,15 was correlated with increased sales by software firms,16 that “Alice was associated with a significantly higher likelihood of receiving a new round of VC funding” for tech startups,17 and there was “a positive association between Alice and both R&D spending by software firms and patenting by firms that held relatively more software patents prior to the Court’s opinion.”18
In sum, the current patent eligibility jurisprudence is neither unpredictable in its outcomes nor harmful to venture capital or R&D investments. Rather, it is Alice and its progeny that encourages and protects technological innovation.