Patent Eligibility Restoration Act of 2025
Sponsored By: Senator Tillis, Thomas [R-NC]
In Committee
Summary
This bill would _codify patent eligibility_ by replacing judge-made exceptions with a clear statutory test that treats most inventions as potentially patentable if they are useful processes, machines, manufactures, or compositions while listing explicit exclusions. It defines a practical “useful” standard, narrows judicially created exceptions, and clarifies when genes and natural materials can qualify.
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- Inventors and technology firms would see broader routes to patent protection because eligibility focuses on the claimed invention as a whole and removes common-law exceptions. However, purely economic or mental-process claims remain excluded unless a machine is needed to practically perform the invention.
- Biotech and life sciences researchers would gain clarity: unmodified human genes and natural materials are excluded, but purified, enriched, altered, or otherwise employed versions can be eligible for patents.
- Courts and litigants would face faster eligibility fights because courts may decide eligibility on motion with limited discovery, and eligibility is separated from novelty, nonobviousness, and enablement rules under sections 102, 103, and 112.
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Bill Overview
No Economic Impacts Identified for this Bill
Sponsors & CoSponsors
Sponsor
Tillis, Thomas [R-NC]
NC • R
Cosponsors
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 5/1/2025
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 6/17/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 6/17/2025
Roll Call Votes
No roll call votes available for this bill.
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