summary
Introduced
05/01/2025
05/01/2025
In Committee
05/01/2025
05/01/2025
Crossed Over
Passed
Dead
Introduced Session
119th Congress
Bill Summary
A BILL To amend title 35, United States Code, to address matters relating to patent subject matter eligibility, and for other purposes.
AI Summary
This bill, known as the Patent Eligibility Restoration Act of 2025, seeks to clarify and modify patent subject matter eligibility rules by addressing long-standing judicial interpretations of patent law. The bill eliminates current judicial exceptions to patent eligibility and establishes new criteria for what can and cannot be patented. Under the proposed legislation, any invention or discovery that is a useful process, machine, manufacture, or composition of matter would be eligible for patent protection, with specific exclusions. These exclusions include mathematical formulas not part of a broader invention, purely mental processes, unmodified human genes, unmodified natural materials, and processes that are substantially economic, financial, business, social, cultural, or artistic in nature. The bill emphasizes that patent eligibility should be determined by considering the claimed invention as a whole, without discounting any claim elements and without regard to how the invention was made or whether its components are known or conventional. Importantly, the bill stipulates that other patent requirements like novelty (section 102), non-obviousness (section 103), and specification (section 112) will continue to apply but cannot be used to determine initial patent eligibility. The legislation aims to provide more clarity and consistency in patent law, addressing concerns from judges, patent practitioners, and patent owners about the current confusing state of patent eligibility determinations.
Committee Categories
Justice
Sponsors (2)
Last Action
Referred to the House Committee on the Judiciary. (on 05/01/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/119th-congress/house-bill/3152/all-info |
| BillText | https://www.congress.gov/119/bills/hr3152/BILLS-119hr3152ih.pdf |
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