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S. 2140 118th Congress Senate

Patent Eligibility Restoration Act of 2023

Official title: A bill to amend title 35, United States Code, to address matters relating to patent subject matter eligibility, and for other purposes.

Introduced: June 22, 2023 Introduced by: Thom Tillis Republican · North Carolina See on congress.gov
Commerce Intellectual propertyJudicial procedure and administrationJudicial review and appeals
This bill died when the 118th Congress ended
It never became law before the 118th Congress (2023–2024) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 23, 2024
Committee on the Judiciary Subcommittee on Intellectual Property. Hearings held. With printed Hearing: S.Hrg. 118-460.
Jun 22, 2023
Read twice and referred to the Committee on the Judiciary.
Jun 22, 2023
Introduced in Senate
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 Latest action January 23, 2024

Committee on the Judiciary Subcommittee on Intellectual Property. Hearings held. With printed Hearing: S.Hrg. 118-460.

 Plain-English summary Congressional Research Service

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.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
 Lobbying activity 42

Registered lobbyists who named this bill in their disclosure filings. Source: federal Lobbying Disclosure Act filings.

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APA
U.S. Congress. (2026). S. 2140: Patent Eligibility Restoration Act of 2023. 118th Congress. Open America. https://openamerica.io/bill/118-S-2140/
MLA
"S. 2140: Patent Eligibility Restoration Act of 2023." 118th Congress, 2026, Open America, https://openamerica.io/bill/118-S-2140/.
Bluebook (legal)
S. 2140, 118th Cong. (2026), https://openamerica.io/bill/118-S-2140/.
Markdown link
[S. 2140: Patent Eligibility Restoration Act of 2023](https://openamerica.io/bill/118-S-2140/)
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