What is the definition of ‘process’ in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 term ‘process’ is defined in 35 U.S.C. 100(b) as follows:
The term “process” means process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
This definition is broad and encompasses various types of procedures or methods. Importantly, it also includes new uses of known elements, which means that finding a novel application for an existing product or process can potentially be patentable.