How does the Atomic Energy Act affect patent eligibility?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The Atomic Energy Act places additional limitations on patent eligibility, specifically prohibiting patents on inventions related to atomic weapons. The MPEP states:

“Eligible subject matter is further limited by the Atomic Energy Act explained in MPEP § 2104.01, which prohibits patents granted on any invention or discovery that is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon.“

Key points about the Atomic Energy Act’s impact on patent eligibility:

• It specifically targets inventions related to atomic weapons.
• Patents are prohibited for inventions solely useful in the utilization of special nuclear material or atomic energy in atomic weapons.
• This restriction is in addition to the other requirements of 35 U.S.C. 101.

For more detailed information on this topic, refer to MPEP § 2104.01.