S. 1546 (119th)Bill Overview

Patent Eligibility Restoration Act of 2025

Commerce|CommerceIntellectual property
Cosponsors
Support
Bipartisan
Introduced
May 1, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill, the Patent Eligibility Restoration Act of 2025, revises 35 U.S.C. §101 to broadly restore patent eligibility for any useful process, machine, manufacture, or composition of matter, subject to a short list of explicit exclusions. It eliminates judicial exceptions (like abstract ideas and laws of nature) and requires eligibility be assessed by considering the claim as a whole and without regard to novelty, obviousness, or specification requirements.

Why people may split

Liberals emphasize public-health and research access concerns

Watch point

Relative to its intended legislative type, this bill is a clearly articulated statutory overhaul of patent subject-matter eligibility that supplies concrete amendments to 35 U.S.C. 100 and 101 and addresses many common borderline categories, but it leaves several operational and interpretive details to be resolved outside the text.

The bill, the Patent Eligibility Restoration Act of 2025, revises 35 U.S.C. §101 to broadly restore patent eligibility for any useful process, machine, manufacture, or composition of matter, subject to a short list of explicit exclusions.

It eliminates judicial exceptions (like abstract ideas and laws of nature) and requires eligibility be assessed by considering the claim as a whole and without regard to novelty, obviousness, or specification requirements.

Express exclusions include standalone mathematical formulas, solely mental processes, unmodified human genes and natural materials, and processes that are substantially economic, financial, business, social, cultural, or artistic unless they cannot practically be performed without a machine.

Passage40/100

Substantial industry backing can help, but contentious impact on biotech, diagnostics, software, and litigation incentives reduces chances absent significant compromise.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a clearly articulated statutory overhaul of patent subject-matter eligibility that supplies concrete amendments to 35 U.S.C. 100 and 101 and addresses many common borderline categories, but it leaves several operational and interpretive details to be resolved outside the text.

Contention74/100

Liberals emphasize public-health and research access concerns

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitIncreases statutory clarity and predictability about what is eligible for patent protection.
  • Potential benefitLikely expands the range of inventions eligible for patents, potentially increasing patent grants.
  • Potential benefitCould boost private investment and commercialization incentives in tech and life sciences.
Likely burdened
  • Potential burdenMay enable broader software and business-method patents, increasing risk of monopolistic or exclusionary claims.
  • Potential burdenRestricting eligibility challenges could shift disputes to other doctrines and raise litigation volume and costs.
  • Potential burdenProhibiting consideration of novelty or obviousness during eligibility determinations may allow lower-quality patents t…
03 · Why people split

Why the argument around this bill splits.

Liberals emphasize public-health and research access concerns
Progressive35%

Generally skeptical.

The persona values clarity for inventors but worries the bill will expand patent rights in ways that can hinder access to medicine, research, and digital rights.

They would welcome clearer law but fear negative public-interest consequences without strong safeguards.

Likely resistant
Centrist60%

Cautiously optimistic but pragmatic.

The persona appreciates legal clarity and reduced judicial uncertainty, while wanting measures to limit low-quality patents and excessive litigation.

Supports improvements if paired with implementation safeguards and PTO guidance.

Split reaction
Conservative90%

Generally supportive.

The persona views the bill as correcting judicial overreach, restoring property rights in inventions, and promoting innovation and economic growth.

Concerns focus primarily on limiting frivolous litigation and abusive assertion, not on eligibility rollback.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

Substantial industry backing can help, but contentious impact on biotech, diagnostics, software, and litigation incentives reduces chances absent significant compromise.

Scope and complexity
86%
Scopesweeping
52%
Complexitymedium
Why this could stall
  • Absent official cost/impact estimate on PTO workload and courts
  • How major stakeholders (pharma, universities, tech, public-interest groups) will align
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Liberals emphasize public-health and research access concerns

Substantial industry backing can help, but contentious impact on biotech, diagnostics, software, and litigation incentives reduces chances…

Unlocked analysis

Relative to its intended legislative type, this bill is a clearly articulated statutory overhaul of patent subject-matter eligibility that supplies concrete amendments to 35 U.S.C. 100 and 101 and addresses many common…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis