Bill > S2140

This bill, the Patent Eligibility Restoration Act of 2023, aims to amend the patent laws in the United States to address issues related to patent subject matter eligibility. Key provisions include: eliminating all judicial exceptions to patent eligibility, such as the "abstract idea" and "natural phenomenon" exceptions; clarifying that any invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of matter is eligible for patent protection, except for specific exclusions like mathematical formulas, mental processes, unmodified human genes, and unmodified natural materials. The bill also specifies that patent eligibility should be determined by considering the claimed invention as a whole, without regard to factors like the state of the art or whether the invention is known or conventional. Additionally, the bill allows courts to determine patent eligibility at any time during an infringement action, with limited discovery relevant only to the eligibility issue.