Patent Eligibility Restoration Act of 2025

Increased Clarity for Patent Owners: The bill addresses findings that the current interpretation of section 101 is extremely confusing and difficult to apply with confidence, which may benefit patent owners and practitioners (Section 2).

Consistency in Law: By eliminating judicial exceptions, the Act seeks to resolve the lack of consistency and extensive confusion currently existing throughout the judicial branch and among patent practitioners (Section 2).

Expanded Patentability for Human-Altered Materials: A human gene or natural material will not be considered "unmodified" if it is purified, enriched, or otherwise altered by human activity, or employed in a useful invention or discovery (Section 3(a)(2)(b)(ii-C)).

Protection for Inventions Requiring Machines: An invention will not be excluded from eligibility if it cannot practically be performed without the use of a machine or manufacture (Section 3(a)(2)(b)(2)(A)).

Exclusion of Mathematical Formulas: Mathematical formulas are ineligible for patent protection unless they are part of an invention in a specific category such as a process, machine, manufacture, or composition of matter (Section 3(a)(2)(1)(A)).

Exclusion of Human Mental Processes: Processes that are performed solely in the mind of a human being are not eligible for patent protection (Section 2(5)(D)(ii)).

Exclusion of Unmodified Natural Materials and Genes: Unmodified human genes as they exist in the human body, and unmodified natural materials as they exist in nature, are ineligible for patent protection (Section 2(5)(D)(iii-v)).

Exclusion of Certain Social or Economic Processes: Processes that are substantially economic, financial, business, social, cultural, or artistic are excluded from eligibility (Section 2(5)(D)(vi)).

Restrictions on Human-Driven Processes: Process claims that are drawn solely to steps undertaken by human beings—such as methods of doing business or performing dance moves—are not eligible for coverage (Section 2(5)(E)(i)).