What is the utility requirement for patents?
The utility requirement for patents stipulates that a claimed invention must be useful or have a utility that is specific, substantial, and credible. The MPEP states: “A claimed invention must be useful or have a utility that is specific, substantial and credible.“ This requirement ensures that patents are granted only for inventions that have a…
Read MoreWhat is statutory double patenting?
Statutory double patenting is a rejection based on the requirement in 35 U.S.C. 101 that an inventor may obtain only one patent for the same invention. The MPEP explains: “35 U.S.C. 101 requires that whoever invents or discovers an eligible invention may obtain only ONE patent therefor. Thus, it prevents two patents issuing on the…
Read MoreWhat are the statutory categories for patentable inventions under 35 U.S.C. 101?
According to 35 U.S.C. 101, there are four statutory categories for patentable inventions: Process Machine Manufacture Composition of matter The MPEP directly quotes the statute: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the…
Read MoreWhat is the “one patent per invention” rule in 35 U.S.C. 101?
The “one patent per invention” rule is a fundamental principle derived from 35 U.S.C. 101. As explained in MPEP 2104: “35 U.S.C. 101 has been interpreted as imposing four requirements. First, whoever invents or discovers an eligible invention may obtain only ONE patent therefor.“ This rule means that an inventor can obtain only one patent…
Read MoreWhat are the four categories of inventions eligible for patent protection under 35 U.S.C. 101?
According to MPEP 2104, the four categories of inventions eligible for patent protection under 35 U.S.C. 101 are: Processes Machines Manufactures Compositions of matter The MPEP states: “35 U.S.C. 101 enumerates four categories of subject matter that Congress deemed to be appropriate subject matter for a patent: processes, machines, manufactures and compositions of matter.” These…
Read MoreHow does the Atomic Energy Act affect patent eligibility?
The Atomic Energy Act places additional limitations on patent eligibility, specifically prohibiting patents on inventions related to atomic weapons. The MPEP states: “Eligible subject matter is further limited by the Atomic Energy Act explained in MPEP § 2104.01, which prohibits patents granted on any invention or discovery that is useful solely in the utilization of…
Read MoreHow does 35 U.S.C. 101 relate to the other sections of patent law?
35 U.S.C. 101 serves as a foundational requirement for patentability, working in conjunction with other sections of patent law. According to MPEP 2104: “35 U.S.C. 101 has been interpreted as imposing four requirements. First, whoever invents or discovers an eligible invention may obtain only ONE patent therefor. Second, the inventor(s) must be the applicant in…
Read MoreWhat are the four requirements imposed by 35 U.S.C. 101?
35 U.S.C. 101 imposes four main requirements for patent eligibility: The invention must fall within one of the four statutory categories: process, machine, manufacture, or composition of matter. The invention must be directed to patent-eligible subject matter and not a judicial exception (unless it includes additional limitations amounting to significantly more than the exception). Only…
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