What is the definition of a “machine” in patent law?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

What is the definition of a “machine” in patent law?

In patent law, a “machine” is one of the four categories of statutory subject matter. The MPEP 2106.03 provides the following definition:

A machine is a concrete thing, consisting of parts, or of certain devices and combination of devices.

This definition is derived from the Supreme Court’s interpretation in Burr v. Duryee, 68 U.S. (1 Wall.) 531, 570 (1863). The concept of a machine in patent law is broad and can include various types of devices and apparatuses, as long as they are concrete and consist of parts or combinations of devices. This category is particularly relevant for mechanical and electronic inventions.

Topics: MPEP 2100 - Patentability MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter Patent Law Patent Procedure
Tags: Composition Category, Mathematical Concepts, Patent Eligibility, Section 101, Significantly More