Bill > S4734

This bill, the Patent Eligibility Restoration Act of 2022, amends Title 35 of the United States Code to address matters relating to patent subject matter eligibility. The key provisions include: (1) modifying the definition of "useful" to mean an invention or discovery has a specific and practical utility from the perspective of a person of ordinary skill in the art; (2) excluding certain items from patent eligibility, such as mathematical formulas, non-technological economic/financial/business processes, mental processes, naturally occurring phenomena, and unmodified human genes or natural materials, unless they are embodied in a machine or manufacture; and (3) specifying that patent eligibility should be determined by considering the claimed invention as a whole, without regard to factors like how the invention was made or the state of the prior art. The bill also allows courts to determine patent eligibility at any time during an infringement action, with limited discovery.