Patent Law FAQ

According to the MPEP, non-limiting examples of claims that are not directed to any of the statutory categories include:

• Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations
• Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA)

The MPEP further clarifies: “Even when a product has a physical or tangible form, it may not fall within a statutory category. For instance, a transitory signal, while physical and real, does not possess concrete structure that would qualify as a device or part under the definition of a machine, is not a tangible article or commodity under the definition of a manufacture, and is not composed of matter such that it would qualify as a composition of matter.“

To learn more:

• Non-statutory Subject Matter
• Patent Eligibility
• Data per se
• Software per se
• Signals per se
• Transitory Signals

In patent law, machines and manufactures are two distinct categories of statutory subject matter. The MPEP provides definitions for both:

Machine: “A machine is a ‘concrete thing, consisting of parts, or of certain devices and combination of devices.’ This category ‘includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.’“

Manufacture: “A manufacture is ‘a tangible article that is given a new form, quality, property, or combination through man-made or artificial means.’ … manufactures are articles that result from the process of manufacturing, i.e., they were produced ‘from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.’“

The key difference is that a machine is typically a device with moving parts or circuitry that performs a function, while a manufacture is a tangible article that has been produced or modified by human intervention. Both categories require physical or tangible form.

To learn more:

• Machine
• Manufacture
• Statutory Subject Matter
• Patent Eligibility
• Physical Form

According to the MPEP, non-limiting examples of claims that are not directed to any of the statutory categories include:

• Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations
• Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA)

The MPEP further clarifies: “Even when a product has a physical or tangible form, it may not fall within a statutory category. For instance, a transitory signal, while physical and real, does not possess concrete structure that would qualify as a device or part under the definition of a machine, is not a tangible article or commodity under the definition of a manufacture, and is not composed of matter such that it would qualify as a composition of matter.“

To learn more:

• Non-statutory Subject Matter
• Patent Eligibility
• Data per se
• Software per se
• Signals per se
• Transitory Signals

In patent law, machines and manufactures are two distinct categories of statutory subject matter. The MPEP provides definitions for both:

Machine: “A machine is a ‘concrete thing, consisting of parts, or of certain devices and combination of devices.’ This category ‘includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.’“

Manufacture: “A manufacture is ‘a tangible article that is given a new form, quality, property, or combination through man-made or artificial means.’ … manufactures are articles that result from the process of manufacturing, i.e., they were produced ‘from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.’“

The key difference is that a machine is typically a device with moving parts or circuitry that performs a function, while a manufacture is a tangible article that has been produced or modified by human intervention. Both categories require physical or tangible form.

To learn more:

• Machine
• Manufacture
• Statutory Subject Matter
• Patent Eligibility
• Physical Form

According to the MPEP, non-limiting examples of claims that are not directed to any of the statutory categories include:

• Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations
• Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA)

The MPEP further clarifies: “Even when a product has a physical or tangible form, it may not fall within a statutory category. For instance, a transitory signal, while physical and real, does not possess concrete structure that would qualify as a device or part under the definition of a machine, is not a tangible article or commodity under the definition of a manufacture, and is not composed of matter such that it would qualify as a composition of matter.“

To learn more:

• Non-statutory Subject Matter
• Patent Eligibility
• Data per se
• Software per se
• Signals per se
• Transitory Signals

In patent law, machines and manufactures are two distinct categories of statutory subject matter. The MPEP provides definitions for both:

Machine: “A machine is a ‘concrete thing, consisting of parts, or of certain devices and combination of devices.’ This category ‘includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.’“

Manufacture: “A manufacture is ‘a tangible article that is given a new form, quality, property, or combination through man-made or artificial means.’ … manufactures are articles that result from the process of manufacturing, i.e., they were produced ‘from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.’“

The key difference is that a machine is typically a device with moving parts or circuitry that performs a function, while a manufacture is a tangible article that has been produced or modified by human intervention. Both categories require physical or tangible form.

To learn more:

• Machine
• Manufacture
• Statutory Subject Matter
• Patent Eligibility
• Physical Form

According to the MPEP, non-limiting examples of claims that are not directed to any of the statutory categories include:

• Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations
• Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA)

The MPEP further clarifies: “Even when a product has a physical or tangible form, it may not fall within a statutory category. For instance, a transitory signal, while physical and real, does not possess concrete structure that would qualify as a device or part under the definition of a machine, is not a tangible article or commodity under the definition of a manufacture, and is not composed of matter such that it would qualify as a composition of matter.“

To learn more:

• Non-statutory Subject Matter
• Patent Eligibility
• Data per se
• Software per se
• Signals per se
• Transitory Signals

In patent law, machines and manufactures are two distinct categories of statutory subject matter. The MPEP provides definitions for both:

Machine: “A machine is a ‘concrete thing, consisting of parts, or of certain devices and combination of devices.’ This category ‘includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.’“

Manufacture: “A manufacture is ‘a tangible article that is given a new form, quality, property, or combination through man-made or artificial means.’ … manufactures are articles that result from the process of manufacturing, i.e., they were produced ‘from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.’“

The key difference is that a machine is typically a device with moving parts or circuitry that performs a function, while a manufacture is a tangible article that has been produced or modified by human intervention. Both categories require physical or tangible form.

To learn more:

• Machine
• Manufacture
• Statutory Subject Matter
• Patent Eligibility
• Physical Form