Congressional action can completely reverse SCOTUS exceptions

b. Congressional Legislation: The Patent Eligibility Restoration Act of 2023

Many have implored Congress to fix American patent law.246 Senators Thom Tillis and Chris Coons have taken up this call to arms, proposing a legislative amendment to the Patent Act.247 Their bill, known as the Patent Eligibility Restoration Act of 2023, would amend 35 U.S.C. § 101 to overrule several of the Court’s recent holdings.248 As it specifically pertains to gene patents, the bill would prohibit the patenting of unmodified human genes but then clarify that the process of isolating a human gene from an individual’s body counts as modifying it.249 The bill further maintains exceptions to patent eligibility, including restricting the patenting of mathematical formulas, mental processes, and natural materials.250 Thus, in the context of human genes, the bill would essentially overrule Myriad and restore gene patents to their pre-2013 status as potentially valid so long as an isolated gene is claimed.