On June 22, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act (“PERA”) of 2023. Elsewhere, I have discussed the substantive changes that the PERA of 2023 made to its predecessor, the PERA of 2022; how several of the changes in the 2023 legislation to the proposed updated version of Section 101 of the Patent Act directly addressed criticisms of statutory language originally proposed in the PERA of 2022; and why the changes result in a clearer bill that even further enhances patent eligibility. I now consider the question: as good as the new proposed Section 101 reads in the PERA of 2023, is there room for still further improvement? The answer is “yes,” for the reason discussed below.

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