PERA BILL
A bill currently moving through Congress could allow companies to patent human genes again — reversing a hard-won Supreme Court victory from 2013 and potentially driving up the cost of genetic testing for millions of patients.
What is the PERA Bill?
The Patent Eligibility Restoration Act (PERA, S.1546) aims to broadly redefine what can legally be patented. Supporters argue it clarifies patent eligibility for emerging technologies like artificial intelligence. But its implications for genetic testing are significant — and alarming.
What it means for genetic testing
The bill specifies that “unmodified” human DNA cannot be patented — but defines unmodified as DNA existing only inside the human body. DNA used in genetic testing is considered modified under this language, and therefore patentable.
This would effectively reverse the 2013 Myriad Genetics Supreme Court decision, which established that naturally occurring human DNA cannot be patented. If PERA passes, individual laboratories could claim exclusive rights to test for specific genes — eliminating competition, raising prices, and making genetic testing significantly less accessible to patients.
What you can do
- Contact your members of Congress and ask them to oppose the PERA bill
- Encourage professional and advocacy organizations to join the stakeholder sign-on letter opposing PERA
- Share information about this legislation with your professional network
Update — July 2026
On July 14, 2026, the full Senate Judiciary Committee held a hearing on the PERA Bill for the first time. The bill had previously been heard by the Intellectual Property Subcommittee before being advanced to the full committee.