Referred to the House Committee on the Judiciary.
The bill revisions 35 U.S.C. 101 to eliminate judicially created patent-eligibility exceptions and restore a broad statutory test: any useful process, machine, manufacture, or composition of matter is eligible, subject only to express exclusions. Express exclusions include mathematical formulas not part of a claimed invention, purely mental processes, unmodified human genes and natural materials as they exist in nature, and substantially economic/financial/business/social/cultural/artistic processes.
Progressives emphasize public-health and access risks from broader patents
Relative to its intended legislative type, this bill is a clear, direct statutory rewrite of patent subject-matter eligibility.
The bill revisions 35 U.S.C. 101 to eliminate judicially created patent-eligibility exceptions and restore a broad statutory test: any useful process, machine, manufacture, or composition of matter is eligible, subject only to express exclusions.
Express exclusions include mathematical formulas not part of a claimed invention, purely mental processes, unmodified human genes and natural materials as they exist in nature, and substantially economic/financial/business/social/cultural/artistic processes.
The bill also directs eligibility to be judged on the claim as a whole without regard to novelty, obviousness, enablement, or whether elements are conventional, and adds a machine-or-manufacture practical-performance condition for certain exclusions.
Large doctrinal shift affecting powerful stakeholders, likely intensive lobbying and judicial pushback; absent clear cross-industry coalition, enactment chances are limited.
Relative to its intended legislative type, this bill is a clear, direct statutory rewrite of patent subject-matter eligibility. It specifies substantive legal changes, enumerates exclusions and conditions, and integrates those changes into Title 35 with conforming text. The bill relies on courts and existing administrative structures to implement the changes but includes limited procedural direction beyond the statutory definitions and an allowance for judicial eligibility determinations.
Progressives emphasize public-health and access risks from broader patents
These are examples from the analysis, not a ranked list of the most-affected groups.
Progressives emphasize public-health and access risks from broader patents
Acknowledges the goal of legal clarity but is wary that broader eligibility will expand monopoly power for large firms.
Concerned that allowing patents on many technologies (especially modified genes, software, and applied business methods) could raise costs and impede research.
Notes the explicit exclusions for unmodified genes and purely mental processes, but worries enforcement and claim scope will matter.
Sees value in reducing inconsistent court-made tests and improving predictability for inventors and businesses.
Worries the bill removes a useful judicial tool to curb overbroad claims by folding eligibility into statutory text and excluding courts from considering conventionality.
Would favor operational safeguards and careful USPTO guidance to limit unintended overbreadth.
Likely supportive because the bill curtails judicial expansion, restores Congress’s role, and broadens property rights for inventors and firms.
Views this as pro-innovation, pro-business reform that reduces judicially created barriers to patenting.
Appreciates explicit exclusions for plainly unpatentable subject matter while allowing modified natural inventions to be protected.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Large doctrinal shift affecting powerful stakeholders, likely intensive lobbying and judicial pushback; absent clear cross-industry coalition, enactment chances are limited.
The bill has not accumulated any surfaced votes yet.
Progressives emphasize public-health and access risks from broader patents
Large doctrinal shift affecting powerful stakeholders, likely intensive lobbying and judicial pushback; absent clear cross-industry coaliti…
Relative to its intended legislative type, this bill is a clear, direct statutory rewrite of patent subject-matter eligibility. It specifies substantive legal changes, enumerates exclusions and conditions, and integrate…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.