Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims? |

by Biotech Newsroom


On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter. Section 100 would be amended to delete “includes a new use of a known process” and insert to s. 101(b) “includes a use, application, or method of manufacture of a known or naturally occurring process.” A section (k) would be added to define the term “useful” as meaning that the…



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