This page consolidates MPEP guidance interpreting 35 U.S.C. § 101, including 597 rules 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.

Summary

35 U.S.C. 101 defines the fundamental legal criteria for determining which inventions can receive patent protection under United States law.

What this section covers

• Establishes the foundational legal standards for determining patent eligibility of inventions.
• Defines the statutory categories of patentable subject matter in U.S. patent law.

Key obligations

• Demonstrate that an invention must fall within a recognized statutory category to be patent eligible.
• Prove the invention has a specific, substantial, and credible utility.
• Ensure the invention is not an abstract idea, law of nature, or natural phenomenon without transformative elements.

Conditions and exceptions

• Recognize that not all inventions are automatically patent eligible, even if novel and non-obvious.

Practice notes

• Carefully draft patent claims to clearly demonstrate the invention's practical application and technological contribution.
• Provide specific examples of how the invention solves a technical problem or provides a concrete benefit.