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Patent Eligibility Restoration Act of 2025

USA119th CongressS-1546| Senate 
| Updated: 5/1/2025
Thomas Tillis

Thomas Tillis

Republican Senator

North Carolina

Cosponsors (3)
Mazie K. Hirono (Democratic)Christopher A. Coons (Democratic)Marsha Blackburn (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The Patent Eligibility Restoration Act of 2025 aims to significantly modify and clarify patent eligibility jurisprudence under Section 101 of title 35, United States Code. Congress finds that prior judicial interpretations have created confusion, rendering many inventions ineligible; thus, this Act seeks to eliminate these judicial exceptions. It ensures that any useful process, machine, manufacture, or composition of matter is eligible for patent protection, explicitly separating eligibility from other patentability requirements like novelty and non-obviousness. The bill establishes specific categories of inventions that are not eligible for patent protection. These exclusions include a mathematical formula not part of a claimed invention, a mental process performed solely in the human mind, and a process occurring in nature wholly independent of human activity. Also excluded are unmodified human genes and unmodified natural materials as they exist in nature, along with processes that are substantially economic, financial, business, social, cultural, or artistic. Important conditions and exceptions apply to these exclusions: a mathematical formula or an economic/business process may be eligible if the invention cannot practically be performed without a machine or manufacture . Human genes or natural materials are not "unmodified" if purified, enriched, altered by human activity, or employed in a useful invention. Eligibility determinations must consider the claimed invention as a whole, without discounting any element, and without regard to how it was made or whether elements are known.
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Timeline

Bill from Previous Congress

S 117-4734
Patent Eligibility Restoration Act of 2022

Bill from Previous Congress

S 118-2140
Patent Eligibility Restoration Act of 2023
May 1, 2025

Latest Companion Bill Action

HR 119-3152
Introduced in House
May 1, 2025
Introduced in Senate
May 1, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-4734
    Patent Eligibility Restoration Act of 2022


  • Bill from Previous Congress

    S 118-2140
    Patent Eligibility Restoration Act of 2023


  • May 1, 2025

    Latest Companion Bill Action

    HR 119-3152
    Introduced in House


  • May 1, 2025
    Introduced in Senate


  • May 1, 2025
    Read twice and referred to the Committee on the Judiciary.

Commerce

Related Bills

  • HR 119-3152: Patent Eligibility Restoration Act of 2025
Intellectual propertyJudicial procedure and administrationJudicial review and appeals

Patent Eligibility Restoration Act of 2025

USA119th CongressS-1546| Senate 
| Updated: 5/1/2025
The Patent Eligibility Restoration Act of 2025 aims to significantly modify and clarify patent eligibility jurisprudence under Section 101 of title 35, United States Code. Congress finds that prior judicial interpretations have created confusion, rendering many inventions ineligible; thus, this Act seeks to eliminate these judicial exceptions. It ensures that any useful process, machine, manufacture, or composition of matter is eligible for patent protection, explicitly separating eligibility from other patentability requirements like novelty and non-obviousness. The bill establishes specific categories of inventions that are not eligible for patent protection. These exclusions include a mathematical formula not part of a claimed invention, a mental process performed solely in the human mind, and a process occurring in nature wholly independent of human activity. Also excluded are unmodified human genes and unmodified natural materials as they exist in nature, along with processes that are substantially economic, financial, business, social, cultural, or artistic. Important conditions and exceptions apply to these exclusions: a mathematical formula or an economic/business process may be eligible if the invention cannot practically be performed without a machine or manufacture . Human genes or natural materials are not "unmodified" if purified, enriched, altered by human activity, or employed in a useful invention. Eligibility determinations must consider the claimed invention as a whole, without discounting any element, and without regard to how it was made or whether elements are known.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-4734
Patent Eligibility Restoration Act of 2022

Bill from Previous Congress

S 118-2140
Patent Eligibility Restoration Act of 2023
May 1, 2025

Latest Companion Bill Action

HR 119-3152
Introduced in House
May 1, 2025
Introduced in Senate
May 1, 2025
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 117-4734
    Patent Eligibility Restoration Act of 2022


  • Bill from Previous Congress

    S 118-2140
    Patent Eligibility Restoration Act of 2023


  • May 1, 2025

    Latest Companion Bill Action

    HR 119-3152
    Introduced in House


  • May 1, 2025
    Introduced in Senate


  • May 1, 2025
    Read twice and referred to the Committee on the Judiciary.
Thomas Tillis

Thomas Tillis

Republican Senator

North Carolina

Cosponsors (3)
Mazie K. Hirono (Democratic)Christopher A. Coons (Democratic)Marsha Blackburn (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 119-3152: Patent Eligibility Restoration Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Intellectual propertyJudicial procedure and administrationJudicial review and appeals