Draft bill to reform section 101:
"Section 100:
(k) The term “useful” means any invention or discovery that provides
specific and practical utility in any field of technology through human
intervention.
Section 101:
(a) Whoever invents or discovers any useful process, machine, manufacture,
or composition of matter, or any useful improvement thereof, may obtain
a patent therefor, subject to the conditions and requirements of this title.
(b) Eligibility under this section shall be determined only while considering
the claimed invention as a whole, without discounting or disregarding
any claim limitation.
Section 112
(f) Functional Claim Elements—
An element in a claim expressed as a specified function without the
recital of structure, material, or acts in support thereof shall be construed
to cover the corresponding structure, material, or acts described in the
specification and equivalents thereof.
Additional Legislative Provisions:
The provisions of section 101 shall be construed in favor of eligibility.
No implicit or other judicially created exceptions to subject matter eligibility,
including “abstract ideas,” “laws of nature,” or “natural phenomena,” shall be used
to determine patent eligibility under section 101, and all cases establishing or
interpreting those exceptions to eligibility are hereby abrogated.
The eligibility of a claimed invention under section 101 shall be determined
without regard to: the manner in which the claimed invention was made; whether
individual limitations of a claim are well known, conventional or routine; the state
of the art at the time of the invention; or any other considerations relating to
sections 102, 103, or 112 of this title."
"Section 100:
(k) The term “useful” means any invention or discovery that provides
specific and practical utility in any field of technology through human
intervention.
Section 101:
(a) Whoever invents or discovers any useful process, machine, manufacture,
or composition of matter, or any useful improvement thereof, may obtain
a patent therefor, subject to the conditions and requirements of this title.
(b) Eligibility under this section shall be determined only while considering
the claimed invention as a whole, without discounting or disregarding
any claim limitation.
Section 112
(f) Functional Claim Elements—
An element in a claim expressed as a specified function without the
recital of structure, material, or acts in support thereof shall be construed
to cover the corresponding structure, material, or acts described in the
specification and equivalents thereof.
Additional Legislative Provisions:
The provisions of section 101 shall be construed in favor of eligibility.
No implicit or other judicially created exceptions to subject matter eligibility,
including “abstract ideas,” “laws of nature,” or “natural phenomena,” shall be used
to determine patent eligibility under section 101, and all cases establishing or
interpreting those exceptions to eligibility are hereby abrogated.
The eligibility of a claimed invention under section 101 shall be determined
without regard to: the manner in which the claimed invention was made; whether
individual limitations of a claim are well known, conventional or routine; the state
of the art at the time of the invention; or any other considerations relating to
sections 102, 103, or 112 of this title."
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