Patent law should recognize human-directed AI inventorship, fix AI-era eligibility rules narrowly, and keep patent review open so trolls gain no new leverage over startups.
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AI-researched, unverifiedLast Reviewed
Jul 5, 2026
Cited Sources
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The specific delta between this position and the current mainstream approaches of both major parties.
This is not a partisan fight. PERA, PREVAIL, and RESTORE all carry matched Republican-Democrat sponsor pairs: Tillis and Coons in the Senate on PERA and PREVAIL, Cotton and Coons in the Senate on RESTORE, Kiley and Peters and separately Moran and Dean in the House. PREVAIL's predecessor cleared the Senate Judiciary Committee 11-10, a margin that reflects an industry-coalition split, not a party-line one. Opposition runs the same way: the Electronic Frontier Foundation and the startup coalition Engine Advocacy oppose the package from a technology and public-interest angle, while the Heritage Foundation has separately argued that current PTAB rules already let well-resourced incumbents outlast small patent holders, an argument for strengthening patent-holder protections. Neither major party's leadership has staked out an institutional position on any of these bills; the coalitions are industry interest groups formed independently of party leadership.
The Innovation Party's delta is a refusal to treat "the patent reform package" as a single yes-or-no vote the way its sponsors and opponents both currently frame it. Inventorship, eligibility, and enforcement are three different questions with three different answers here: support the settled inventorship rule and a narrower eligibility fix, reject the standing restriction, and support a substitute enforcement fix that answers the abuse concern without the standing cost. That's not a synthesis of two existing sides, since the current sides are organized by industry rather than ideology; this issue's delta rejects the premise that these bills should be voted on as one bundle at all.
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