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US SB1546
Bill
AI Summary
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Eliminates all judicial exceptions to patent eligibility under 35 U.S.C. § 101, replacing them with statutory exclusions that prohibit patents on: standalone mathematical formulas, mental processes performed solely in the human mind, unmodified human genes as they exist in the body, unmodified natural materials as they exist in nature, and processes that are substantially economic, financial, business, social, cultural, or artistic
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Establishes that processes requiring a machine or computer to be practically performed remain patent-eligible, but simply adding "do it on a computer" to an otherwise ineligible business method will not confer eligibility
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Requires patent eligibility to be determined by considering the claimed invention as a whole, without discounting elements based on whether they are known, conventional, routine, or naturally occurring
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Expands the definition of "process" in patent law to include uses, applications, or methods of manufacture of known or naturally-occurring processes, and defines "useful" as having specific and practical utility from the perspective of a person of ordinary skill
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Authorizes courts to determine patent eligibility at any time during infringement actions, including on motion when no genuine issues of material fact exist, with limited discovery permitted on eligibility questions
Legislative Description
Patent Eligibility Restoration Act of 2025
Commerce
Last Action
Read twice and referred to the Committee on the Judiciary.
5/1/2025