What is the difference between basic subject matter and features for additional purposes in patent classification?
In patent classification, there’s an important distinction between basic subject matter and features for additional purposes. MPEP 903.02(b) provides definitions for both:
Basic Subject Matter:
“The combination of features necessary and essential to the fundamental character of the subject matter treated; e.g., a stonecrusher requires a minimum number of features as essential before it can function as such.”
Basic Subject Matter Combined with Feature for Some Additional Purpose:
“The added purpose is in excess of the scope of the subject matter for the class, as defined in the class definition; e.g., adding a sifter to a stone crusher which gives the added function of separating the crushed stone.”
Key differences:
- Basic subject matter includes only the essential features for the invention to function as intended.
- Features for additional purposes add functionality beyond the core purpose of the invention.
- Additional features may affect the classification of the patent, potentially placing it in a different or additional class.
Understanding this distinction is crucial for proper patent classification and effective prior art searches.
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