,i #aaith ,,congress #ast ,session ,h4 ,r4 #caeb ,,in ,,the ,,house ,,of ,,representatives ,may #a1 #bjbe ,mr4 ,kiley of ,california 7for himself and ,mr4 ,peters7 introduced the following bill2 which was 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 #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,as of the day before the date of enactment of this ,act1 patent eligibility jurisprudence interpreting section #aja of title #ce1 ,united ,states ,code1 requires significant modification and clarification4 7#b7 ,for many years after the original enactment of section #aja of title #ce1 ,united ,states ,code1 the ,supreme ,court of the ,united ,states and other courts created judicial exceptions to the wording of that section1 thereby rendering an increasing number of inventions ineligible for patent protection4 7#c7 ,efforts by judges of district courts and courts of appeals of the ,united ,states to apply the exceptions described in paragraph 7#b7 to specific circumstances have led to extensive confusion and a lack of consistency-- 7,a7 throughout the judicial branch of the ,federal ,government and ,federal agencies2 and 7,b7 among patent practitioners4 7#d7 ,many judges of the ,united ,states ,court of ,appeals for the ,federal ,circuit and of various district courts of the ,united ,states have explicitly expressed the need for more guidance with respect to the meaning of section #aja of title #ce1 ,united ,states ,code1 and many patent owners1 and persons that engage with patent owners1 complain that the interpretation of that section is extremely confusing and difficult to discern and apply with any confidence4 7#e7 ,under this ,act1 and the amendments made by this ,act1 the state of the law shall be as follows3 7,a7 ,all judicial exceptions to patent eligibility are eliminated4 7,b7 ,any invention or discovery that can be claimed as a useful process1 machine1 manufacture1 or composition of matter1 or any useful improvement thereof1 is eligible for patent protection1 except as explicitly provided in section #aja of title #ce1 ,united ,states ,code1 as amended by this ,act1 as described in subparagraphs 7,d7 and 7,e7 of this paragraph4 7,c7 ,sections #ajb1 #ajc1 and #aab of title #ce1 ,united ,states ,code1 will continue to prescribe the requirements for obtaining a patent1 but no such requirement will be used in determining patent eligibility4 7,d7 ,the following inventions shall not be eligible for patent protection3 7i7 ,a mathematical formula that is not part of an invention that is in a category described in subparagraph 7,b74 7ii7 ,a mental process performed solely in the mind of a human being4 7iii7 ,an unmodified human gene1 as that gene exists in the human body4 7iv7 ,an unmodified human gene that is isolated from the human body1 but otherwise the same as that gene exists in the human body4 7v7 ,an unmodified natural material1 as that material exists in nature4 7vi7 ,a process that is substantially economic1 financial1 business1 social1 cultural1 or artistic4 7,e7 ,under the exception described in subparagraph 7,d77vi7-- 7i7 process claims drawn solely to the steps undertaken by human beings in methods of doing business1 performing dance moves1 offering marriage proposals1 and the like shall not be eligible for patent coverage1 and adding a non-essential reference to a computer by merely stating1 for example1 do it on a computer shall not establish such eligibility2 and 7ii7 any process that cannot be practically performed without the use of a machine 7including a computer7 or manufacture shall be eligible for patent coverage4 #c4 ,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 formula that is not part of a claimed invention in a category described in subsection 7a74 7,b7 ,a process that is substantially economic1 financial1 business1 social1 cultural1 or artistic1 even though at least #a step in the process refers to a machine or manufacture4 7,c7 ,a process that-- 7i7 is a mental process performed solely in the human mind2 or 7ii7 occurs in nature wholly independent of1 and prior to1 any human activity4 7,d7 ,an unmodified human gene1 as that gene exists in the human body4 7,e7 ,an unmodified natural material1 as that material exists in nature4 7#b7 ,conditions ,for the purposes of-- 7,a7 subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 the claimed invention shall not be excluded from eligibility for a patent if the invention cannot practically be performed without the use of a machine or manufacture2 7,b7 paragraph 7#a77;,d71 a human gene shall not be considered to be unmodified if that human gene is-- 7i7 purified1 enriched1 or otherwise altered by human activity2 or 7ii7 otherwise employed in a useful invention or discovery2 and 7,c7 paragraph 7#a77;,e71 a natural material shall not be considered to be unmodified if that natural material is-- 7i7 isolated1 purified1 enriched1 or otherwise altered by human activity2 or 7ii7 otherwise employed in a useful invention or discovery4 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 #d4 ,rules of construction 7a7 ,obviousness-,type double patenting ,nothing in this ,act1 or any amendment made by this ,act1 may be construed to affect or alter the judicially-created doctrine of obviousness-type double patenting4 7b7 ,insignificant extra-,solution activity ,with respect to the exclusions to patent eligibility described in subparagraphs 7,a7 and 7,b7 of section #aja7;b77#a7 of title #ce1 ,united ,states ,code1 as added by section #c of this ,act1 the inclusion of pre- or post-solution activity by a computer 7or other machine or manufacture7 in claim language shall not be sufficient to confer patent eligibility on the claim if that computer 7or other machine or manufacture7 is not necessary to practically perform the invention4