Patent Eligibility Restoration Act of 2025
Patent Eligibility Restoration Act of 2025
Plain Language Summary
# Patent Eligibility Restoration Act of 2025 - Plain Language Summary **What the Bill Does:** This bill would change the rules for what types of inventions can be patented. Currently, courts use a multi-step test to decide if something qualifies for a patent, which has become complicated and restrictive. The bill would simplify this by clearly stating what *cannot* be patented: naturally occurring things unchanged by humans (like unmodified genes), pure mathematical formulas without practical application, and mental processes done entirely in someone's head.
Everything else would be eligible for patent protection, making it easier for inventors to patent software, biotech innovations, and other inventions that current law sometimes rejects. **Who It Affects:** This primarily impacts tech companies, biotech firms, software developers, and individual inventors who have struggled to patent their innovations under current rules. It could also affect patent lawyers, the patent office, and courts that handle patent disputes. Consumers might eventually see changes in innovation and product availability depending on how patent protections shift. **Current Status:** The bill (HR 3152) was introduced in the 119th Congress by Representative Kevin Kiley (R-CA) and is currently in committee, meaning it hasn't yet been debated or voted on by the full House of Representatives.
CRS Official Summary
Patent Eligibility Restoration Act of 2025This bill amends the law relating to patent subject matter eligibility to establish that only specified subject matter (e.g., a natural process wholly independent of human activity) is ineligible for patenting. (Currently, subject matter eligibility is determined by examining whether the claimed invention is directed to certain ineligible categories, and if so, whether there is an inventive concept. Subject matter eligibility is one of several requirements that an invention must satisfy in order to receive patent protection.)Under this bill, an invention shall be considered to involve patent-ineligible subject matter only if it falls within specified categories, such as (1) a mathematical formula that is not part of a useful process, machine, manufacture, or composition; (2) a mental process that is performed solely in the human mind; or (3) an unmodified human gene as the gene exists in the human body.
Latest Action
Referred to the House Committee on the Judiciary.