[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4734 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4734
To amend title 35, United States Code, to address matters relating to
patent subject matter eligibility, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
August 2, 2022
Mr. Tillis introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
To amend title 35, United States Code, to address matters relating to
patent subject matter eligibility, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Eligibility Restoration Act
of 2022''.
SEC. 2. PATENT ELIGIBILITY.
(a) In General.--Chapter 10 of title 35, United States Code, is
amended--
(1) in section 100--
(A) in subsection (b), by striking ``includes a new
use of a known process'' and inserting ``includes a
use, application, or method of manufacture of a known
or naturally-occurring process''; and
(B) by adding at the end the following:
``(k) The term `useful' means, with respect to an invention or
discovery, that the invention or discovery has a specific and practical
utility from the perspective of a person of ordinary skill in the art
to which the invention or discovery pertains.''; and
(2) by amending section 101 to read as follows:
``Sec. 101. Patent eligibility
``(a) In General.--Whoever invents or discovers any useful process,
machine, manufacture, or composition of matter, or any useful
improvement thereof, may obtain a patent therefor, subject only to the
exclusions in subsection (b) and to the further conditions and
requirements of this title.
``(b) Eligibility Exclusions.--
``(1) In general.--Subject to paragraph (2), a person may
not obtain a patent for any of the following, if claimed as
such:
``(A) A mathematical formula, apart from a useful
invention or discovery.
``(B) A process that--
``(i) is a non-technological economic,
financial, business, social, cultural, or
artistic process;
``(ii) is a mental process performed solely
in the human mind; or
``(iii) occurs in nature wholly independent
of, and prior to, any human activity.
``(C) An unmodified human gene, as that gene exists
in the human body.
``(D) An unmodified natural material, as that
material exists in nature.
``(2) Conditions.--
``(A) Certain processes.--Notwithstanding paragraph
(1)(B)(i), a person may obtain a patent for a claimed
invention that is a process described in such provision
if that process is embodied in a machine or
manufacture, unless that machine or manufacture is
recited in a patent claim without integrating, beyond
merely storing and executing, the steps of the process
that the machine or manufacture perform.
``(B) Human genes and natural materials.--For the
purposes of subparagraphs (C) and (D) of paragraph (1),
a human gene or natural material that is isolated,
purified, enriched, or otherwise altered by human
activity, or that is otherwise employed in a useful
invention or discovery, shall not be considered to be
unmodified.
``(c) Eligibility.--
``(1) In general.--In determining whether, under this
section, a claimed invention is eligible for a patent,
eligibility shall be determined--
``(A) by considering the claimed invention as a
whole and without discounting or disregarding any claim
element; and
``(B) without regard to--
``(i) the manner in which the claimed
invention was made;
``(ii) whether a claim element is known,
conventional, routine, or naturally occurring;
``(iii) the state of the applicable art, as
of the date on which the claimed invention is
invented; or
``(iv) any other consideration in section
102, 103, or 112.
``(2) Infringement action.--
``(A) In general.--In an action brought for
infringement under this title, the court, at any time,
may determine whether an invention or discovery that is
a subject of the action is eligible for a patent under
this section, including on motion of a party when there
are no genuine issues of material fact.
``(B) Limited discovery.--With respect to a
determination described in subparagraph (A), the court
may consider limited discovery relevant only to the
eligibility described in that subparagraph before
ruling on a motion described in that subparagraph.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 10 of title 35, United States Code, is amended by striking the
item relating to section 101 and inserting the following:
``101. Patent eligibility.''.
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