Patent Eligibility Restoration Act of 2025
Patent Eligibility Restoration Act of 2025
Plain Language Summary
# Patent Eligibility Restoration Act of 2025 – Summary **What the bill would do:** This bill would change the rules for what inventions can be patented in the United States. Currently, the courts use a complex test to decide if something is eligible for a patent—they check if an invention falls into certain categories that are considered too abstract or fundamental to patent (like basic math formulas or natural processes), and then decide if there's enough of a creative "inventive concept" to warrant protection. This bill would simplify that process by creating a more specific list of what *cannot* be patented: basic math formulas not tied to a practical application, mental processes performed only in the human mind, and unmodified human genes as they naturally exist.
Everything else would be eligible for patent protection. **Who it affects:** This bill primarily impacts inventors, tech companies, biotech firms, and pharmaceutical companies seeking patent protection. It could make it easier for these groups to patent software, AI systems, and genetic inventions—areas where courts have recently rejected patents as "too abstract." Patent holders and companies in the biotechnology industry would likely benefit from clearer, broader eligibility rules. **Current status:** The bill was introduced in the Senate by Republican Thomas Tillis of North Carolina and is currently in committee, meaning it has not yet been debated or voted on by the full Senate.
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
Read twice and referred to the Committee on the Judiciary.