What are the four purposes of 35 U.S.C. 101?

According to MPEP 2107.01, 35 U.S.C. 101 has been interpreted as imposing four purposes:

  • Limiting an inventor to ONE patent for a claimed invention
  • Requiring proper inventorship
  • Defining which categories of inventions are eligible for patent protection
  • Ensuring that patents are granted only on inventions that are “useful”

The MPEP states: “35 U.S.C. 101 has been interpreted as imposing four purposes. First, 35 U.S.C. 101 limits an inventor to ONE patent for a claimed invention. […] Second, the inventor(s) must be the applicant in an application filed before September 16, 2012, […] and the inventor or each joint inventor must be identified in an application filed on or after September 16, 2012. […] Third, 35 U.S.C. 101 defines which categories of inventions are eligible for patent protection. […] Fourth, 35 U.S.C. 101 serves to ensure that patents are granted on only those inventions that are “useful.””

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Topics: MPEP 2100 - Patentability, MPEP 2107.01 - General Principles Governing Utility Rejections, Patent Law, Patent Procedure
Tags: 35 u.s.c. 101, inventorship, Patent Eligibility, utility requirement