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Patent Eligibility Restoration Act of 2023

3/12/2024, 9:28 PM

Summary of Bill S 2140

The Patent Eligibility Restoration Act of 2023, also known as Bill 118 s 2140, is a piece of legislation currently being considered by the US Congress. The main goal of this bill is to restore the eligibility of certain inventions for patent protection that have been deemed ineligible under current patent law.

Specifically, the bill aims to address the issue of patent eligibility for inventions related to natural products, laws of nature, and abstract ideas. These types of inventions have faced increased scrutiny in recent years, leading to many being denied patent protection.

The Patent Eligibility Restoration Act of 2023 seeks to clarify and expand the scope of patent eligibility for these types of inventions, in order to encourage innovation and protect the rights of inventors. The bill includes provisions that would make it easier for inventors to obtain patents for their inventions, while also ensuring that patents are not granted for inventions that are not truly novel or non-obvious. Overall, the Patent Eligibility Restoration Act of 2023 is aimed at promoting innovation and economic growth by providing clearer guidelines for patent eligibility and protecting the rights of inventors. It is currently being debated in Congress, with supporters arguing that it will help to spur innovation and create a more competitive marketplace, while opponents raise concerns about potential abuse of the patent system.

Congressional Summary of S 2140

Patent Eligibility Restoration Act of 2023

This bill amends the law relating to patent subject matter eligibility to establish that only specified subject matter (e.g., a natural process wholly independent of human activity) is ineligible for patenting. (Currently, subject matter eligibility is determined by examining whether the claimed invention is directed to certain ineligible categories, and if so, whether there is an inventive concept. Subject matter eligibility is one of several requirements that an invention must satisfy in order to receive patent protection.)

Under this bill, an invention shall be considered to involve patent-ineligible subject matter only if it falls within specified categories, such as (1) a mathematical formula that is not part of a useful process, machine, manufacture, or composition; (2) a mental process that is performed solely in the human mind; or (3) an unmodified human gene as the gene exists in the human body.

Current Status of Bill S 2140

Bill S 2140 is currently in the status of Bill Introduced since June 22, 2023. Bill S 2140 was introduced during Congress 118 and was introduced to the Senate on June 22, 2023.  Bill S 2140's most recent activity was Read twice and referred to the Committee on the Judiciary. as of June 22, 2023

Bipartisan Support of Bill S 2140

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
2
Democrat Cosponsors
2
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 2140

Primary Policy Focus

Commerce

Alternate Title(s) of Bill S 2140

Patent Eligibility Restoration Act of 2023
Patent Eligibility Restoration Act of 2023
A bill to amend title 35, United States Code, to address matters relating to patent subject matter eligibility, and for other purposes.

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