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119-hr-3152119th CongressWALLET

Patent Eligibility Restoration Act of 2025

Sponsored By: Representative Kiley, Kevin [I-CA-3]

Introduced

Summary

Restores broad patent eligibility for inventions that have a specific and practical utility. It would remove judicially created exceptions, redefine what counts as 'useful', and set clear rules about which subject matter is excluded and when a machine or manufacture is required to make an invention practical.

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  • Inventors and startups would face a different eligibility test because courts and examiners must consider the invention as a whole and not rely on non-statutory exceptions. Eligibility would be decided separately from novelty, non-obviousness, and enablement.
  • Software and AI companies would see limits on patents for processes that are mainly economic, business, social, cultural, or artistic even when a machine is used. The bill also restricts claims that simply add generic computer activity when the computer is not necessary to perform the invention.
  • Biotech researchers would get clearer rules for biological and natural materials. Unmodified natural materials would be excluded, while modified materials or natural items put to a practical use could remain eligible.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Broader patent test for inventors

If enacted, the bill would broaden the basic patent test. Reviewers would look at the claim as a whole. They would not discount parts as routine or known. They would not use novelty, obviousness, or enablement rules to decide eligibility. Useful would mean a specific, practical use to a skilled person.

New limits on what can be patented

The bill would list items you could not patent by themselves: pure math, business or social methods, mental steps, and unmodified genes or natural materials. A claim could still qualify if it cannot be done in practice without a machine or a made thing. Genes or materials changed by people, or used in a useful invention, would not be excluded. Just adding a computer step would not make a claim eligible unless the computer is needed to do it.

Rule against double patenting stays

The bill would keep the rule against obviousness-type double patenting. That rule stops extra patent time from small, obvious changes. The Act would not change that rule.

Courts could decide eligibility early

Courts in patent lawsuits could decide eligibility at any time. A judge could rule on a motion when there are no real fact disputes. Before ruling, the court could allow limited discovery only about eligibility.

Sponsors & CoSponsors

Sponsor

Kiley, Kevin [I-CA-3]

CA • I

Cosponsors

  • Rep. Peters, Scott H. [D-CA-50]

    CA • D

    Sponsored 5/1/2025

Roll Call Votes

No roll call votes available for this bill.

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