; or (ii) occurs in nature wholly independent of, and prior to, any human activity. (D) An unmodified human gene, as that gene exists in the human body. (E) An unmodified natural material, as that material exists in nature. (2) Conditions For the purposes of subparagraphs (D) and (E) of paragraph (1), a human gene or natural material shall not be considered to be unmodified if the gene or material, as applicable, is— (A) isolated, purified, enriched, or otherwise altered by human activity; or (B) otherwise employed in a useful invention or discovery. (c) Eligibility (1) In general In determining whether, under this section, a claimed invention is eligible for a patent, eligibility shall be determined— (A) by considering the claimed invention as a whole and without discounting or disregarding any claim element; and (B) without regard to— (i) the manner in which the claimed invention was made; (ii) whether a claim element is known, conventional, routine, or naturally occurring; (iii) the state of the applicable art, as of the date on which the claimed invention is invented; or (iv) any other consideration in section 102, 103, or 112. (2) Infringement action (A) In general In an action brought for infringement under this title, the court, at any time, may determine whether an invention or discovery that is a subject of the action is eligible for a patent under this section, including on motion of a party when there are no genuine issues of material fact. (B) Limited discovery With respect to a determination described in subparagraph (A), the court may consider limited discovery relevant only to the eligibility described in that subparagraph before ruling on a motion described in that subparagraph. . (b) Technical and conforming amendment The table of sections for chapter 10 of title 35, United States Code, is amended by striking the item relating to section 101 and inserting the following: 101. Patent eligibility. .