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Congress·In Committee·H.R. 3152

House Committee Reviews Patent Eligibility Restoration Act to Clarify What Can Be Patented

Patent Eligibility Restoration Act of 2025

11 months ago·View on Congress.gov
Part of: Congress Moves to Overhaul Patent Eligibility Rules
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Stalled

No legislative action in over 90 days.

Legislative Progress

House
Senate
President
Law

Key Points

  • Congress would rewrite the basic patent-eligibility rule so more inventions can qualify for patents, aiming to reduce court confusion.

    From policy text

    “patent eligibility jurisprudence interpreting section 101 of title 35, United States Code, requires significant modification and clarification.”
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  • The bill says courts should stop using judge-made “exceptions” to deny patents and instead follow a clear list of what is not patentable.

    From policy text

    “All judicial exceptions to patent eligibility are eliminated.”
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  • It would still block patents on things like math formulas by themselves, purely mental processes, unmodified human genes, and unmodified natural materials.

    From policy text

    “The following inventions shall not be eligible for patent protection: (i) A mathematical formula that is not part of an invention that is in a category described in subparagraph (B). (ii) A mental process performed solely in the mind of a human being. (iii) An unmodified human gene, as that gene exists in the human body. (iv) An unmodified human gene that is isolated from the human body, but otherwise the same as that gene exists in the human body. (v) An unmodified natural material, as that material exists in nature.”
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  • It would also limit patents on business-type methods (economic, financial, social, cultural, or artistic processes), especially if the only “tech” is saying “do it on a computer.”

    From policy text

    “A process that is substantially economic, financial, business, social, cultural, or artistic. (E) Under the exception described in subparagraph (D)(vi)-- (i) process claims drawn solely to the steps undertaken by human beings in methods of doing business, performing dance moves, offering marriage proposals, and the like shall not be eligible for patent coverage, and adding a non-essential reference to a computer by merely stating, for example, ``do it on a computer'' shall not establish such eligibility”
    View in full text
  • For everyday life, this could affect which software and biotech ideas can be patented, which can influence prices, competition, and what products reach the market.
TechnologyConsumer ProtectionSmall Business

Impact Analysis

Personal Impact

How this policy affects specific groups of people

Mixed Impacts(3)
Small Business Owner
Neutral
Gig Worker
Neutral
Chronic Illness
Neutral

Milestones

2 milestones2 actions
May 1, 2025House

Referred to the House Committee on the Judiciary.

May 1, 2025

Introduced in House

What Happens Next

Projected impacts based on AI analysis

Right after the bill becomes law (typically on the enactment date unless a later date is written in the final law)

If Congress passes the bill and the President signs it, the new patent eligibility rules replace the old court-made limits.

Inventors and companies can plan patents around the new, clearer list of what is and isn’t allowed (for example: most practical machine-based processes are in, but “mostly business” methods are out).

Within weeks to a few months after enactment

The Patent Office updates examiner guidance and training to match the new section 101 wording.

People filing patent applications may see different rejection patterns, with fewer rejections based on eligibility and more focus on other requirements like whether the invention is truly new and well-described.

Immediately after enactment and ongoing

New patent applications are drafted to emphasize practical machine use where needed (especially for computer-implemented inventions).

Applicants may rewrite claims to show that the invention can’t realistically be done without a computer or other machine, because that’s a key “safe path” in the bill.

Source Information

Document Type

Congressional Bill

Official Title

Patent Eligibility Restoration Act of 2025

Bill NumberHR 3152
Congress119th Congress
ChamberHouse of Representatives
Latest ActionReferred to the House Committee on the Judiciary.

Sponsor

Cosponsors

(1)
D: 1

Analysis generated by AI. Always verify with official sources.