H.R. 3152: Patent Eligibility Restoration Act of 2025

The Patent Eligibility Restoration Act of 2025 aims to clarify and modify the rules regarding what inventions can be patented under U.S. law. Here are the key provisions and changes proposed in the bill:

Elimination of Judicial Exceptions

One major change is the removal of all existing judicial exceptions to patent eligibility. Currently, there are certain types of inventions that are excluded from patent protection based on interpretations of the law by courts. The bill states that any invention or discovery that qualifies as a useful process, machine, manufacture, or composition of matter is eligible for patent protection unless explicitly excluded by this Act.

Definitions and Conditions

The bill defines what constitutes a "useful" invention, which is any invention that has practical utility as understood by someone skilled in the relevant field. It specifies that basic requirements for patent applications (as previously outlined in sections 102, 103, and 112 of U.S. law) will remain in place but will not affect eligibility under section 101.

Exclusions from Patent Eligibility

The Act specifies certain categories of inventions that cannot be patented:

• A mathematical formula not tied to a specific invention.
• A mental process that occurs solely in the human mind.
• An unmodified human gene, whether in the body or isolated.
• An unmodified natural material as it exists in nature.
• A process that is predominantly economic, financial, business, social, cultural, or artistic.

Business Processes and Computer Claims

Under the exclusions related to business processes, any process claims that are solely about human steps in business methods (like conducting financial transactions, performing artistic works, etc.) will not be patentable. Furthermore, simply adding a reference to a computer for processes that are otherwise unpatentable will not grant eligibility. However, processes that cannot be practically performed without a machine (including computers) will remain patentable.

Changes to the Patent Examination Process

The bill outlines that when assessing an invention’s eligibility for patenting, the entire claim must be considered as a whole. The examination will not disregard any part of the claim based on how it was developed or its familiarity in the field. This aims to provide a more clarified standard for patent exams.

Legal Actions and Patent Infringement

In the context of infringement lawsuits, courts will have the ability to determine whether an invention is eligible for a patent even during the litigation process. Limited discovery concerning the eligibility of patents may occur before the court makes a ruling.

Technical Amendments

The bill also includes technical amendments for clarity in legal terminology and references within U.S. patent laws, ensuring consistent interpretation and application moving forward.

Relevant Companies

• AAPL - Apple Inc.: This company may be directly impacted due to its involvement in software and hardware technologies, which often hinge on patent eligibility.
• IBM - International Business Machines Corporation: IBM, as a technology leader, may see potential changes in its patent filing strategies as a result of the broadening scope of patent eligibility.
• MSFT - Microsoft Corporation: As a major player in software and technology services, Microsoft could experience shifts in patent protections related to its innovations.