,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dgcd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #b1    
#bjbb,mr4 ,tillis introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend title  
#ce1 ,united ,states ,code1 to address  
matters relating to patent subject      
matter eligibility1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,patent ,eligibility
 ,restoration ,act of #bjbb4  #b4       
,patent eligibility  7a7 ,in general    
,chapter #aj of title #ce1 ,united      
,states ,code1 is amended-- 7#a7 in     
section #ajj-- 7,a7 in subsection 7b71  
by striking includes a new use of a     
known process and inserting includes a  
use1 application1 or method of          
manufacture of a known or               
naturally-occurring process2 and  7,b7  
by adding at the end the following3  7k7
 ,the term useful means1 with respect to
 an invention or discovery1 that the    

invention or discovery has a specific   
and practical utility from the          
perspective of a person of ordinary     
skill in the art to which the invention 
or discovery pertains4  2 and  7#b7 by  
amending section #aja to read as        
follows3  #aja4 ,patent eligibility  7a7
 ,in general ,whoever invents or        
discovers any useful process1 machine1  
manufacture1 or composition of matter1  
or any useful improvement thereof1 may  
obtain a patent therefor1 subject only  
to the exclusions in subsection 7b7 and 
to the further conditions and           
requirements of this title4  7b7        
,eligibility exclusions  7#a7 ,in       
general ,subject to paragraph 7#b71 a   
person may not obtain a patent for any  
of the following1 if claimed as such3   
7,a7 ,a mathematical formula1 apart from
 a useful invention or discovery4  7,b7 
,a process that-- 7i7 is a              
non-technological economic1 financial1  
business1 social1 cultural1 or artistic 
process2  7ii7 is a mental process      

performed solely in the human mind2 or  
7iii7 occurs in nature wholly           
independent of1 and prior to1 any human 
activity4  7,c7 ,an unmodified human    
gene1 as that gene exists in the human  
body4  7,d7 ,an unmodified natural      
material1 as that material exists in    
nature4  7#b7 ,conditions  7,a7 ,certain
 processes ,notwithstanding paragraph   
7#a77;,b77i71 a person may obtain a     
patent for a claimed invention that is a
 process described in such provision if 
that process is embodied in a machine or
 manufacture1 unless that machine or    
manufacture is recited in a patent claim
 without integrating1 beyond merely     
storing and executing1 the steps of the 
process that the machine or manufacture 
perform4  7,b7 ,human genes and natural 
materials ,for the purposes of          
subparagraphs 7,c7 and 7,d7 of paragraph
 7#a71 a human gene or natural material 
that is isolated1 purified1 enriched1 or
 otherwise altered by human activity1 or
 that is otherwise employed in a useful 

invention or discovery1 shall not be    
considered to be unmodified4  7c7       
,eligibility  7#a7 ,in general ,in      
determining whether1 under this section1
 a claimed invention is eligible for a  
patent1 eligibility shall be            
determined-- 7,a7 by considering the    
claimed invention as a whole and without
 discounting or disregarding any claim  
element2 and  7,b7 without regard to--  
7i7 the manner in which the claimed     
invention was made2  7ii7 whether a     
claim element is known1 conventional1   
routine1 or naturally occurring2  7iii7 
the state of the applicable art1 as of  
the date on which the claimed invention 
is invented2 or  7iv7 any other         
consideration in section #ajb1 #ajc1 or 
#aab4  7#b7 ,infringement action  7,a7  
,in general ,in an action brought for   
infringement under this title1 the      
court1 at any time1 may determine       
whether an invention or discovery that  
is a subject of the action is eligible  
for a patent under this section1        

including on motion of a party when     
there are no genuine issues of material 
fact4  7,b7 ,limited discovery ,with    
respect to a determination described in 
subparagraph 7,a71 the court may        
consider limited discovery relevant only
 to the eligibility described in that   
subparagraph before ruling on a motion  
described in that subparagraph4  4  7b7 
,technical and conforming amendment ,the
 table of sections for chapter #aj of   
title #ce1 ,united ,states ,code1 is    
amended by striking the item relating to
 section #aja and inserting the         
following3  #aja4 ,patent eligibility4  
4