Bill > S1546

This bill, called the Patent Eligibility Restoration Act of 2025, aims to clarify and modify patent eligibility rules in the United States by addressing long-standing confusion in patent law. The bill eliminates current judicial exceptions to patent eligibility and establishes new criteria for what can and cannot be patented. Specifically, any useful process, machine, manufacture, or composition of matter can be eligible for patent protection, with several key exclusions: mathematical formulas not part of a broader invention, mental processes performed solely in the human mind, unmodified human genes (in the body or isolated), unmodified natural materials, and processes that are substantially economic, financial, business, social, cultural, or artistic. 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 conventional or routine. Importantly, the bill maintains that other patent requirements like novelty, non-obviousness, and enablement (covered in sections 102, 103, and 112) will continue to apply separately from eligibility determination. The legislation also allows courts to determine patent eligibility at any stage of an infringement action and provides specific conditions under which certain excluded categories might still be patentable, such as when an invention cannot be practically performed without a machine or when a natural material has been altered by human activity.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/1546/all-info