What is the difference between a machine and a manufacture in patent law?
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…
Read MoreWhat are the four categories of statutory subject matter in patent law?
What are the four categories of statutory subject matter in patent law? The four categories of statutory subject matter in patent law, as defined in 35 U.S.C. § 101, are: Process Machine Manufacture Composition of matter As stated in the MPEP 2106.03: “The Supreme Court has acknowledged that Congress intended statutory subject matter to ‘include…
Read MoreHow is “manufacture” defined for patent eligibility purposes?
How is “manufacture” defined for patent eligibility purposes? The term “manufacture” in patent law refers to one of the four categories of statutory subject matter. According to MPEP 2106.03, a manufacture is defined as follows: “A manufacture is a tangible article that is given a new form, quality, property, or combination through man-made or artificial…
Read MoreWhat are the different types of subject matter in USPC classification?
The USPC classification system recognizes several types of subject matter. According to the MPEP, the main types are: Manufacture Art Apparatus Stock material As stated in MPEP 903.02(b): “The initial analysis should determine which one or ones of the several types of subject matter (manufacture, art, apparatus, or stock material) are contained in the class…
Read MoreWhat is the process for making an application special based on manufacture?
What is the process for making an application special based on manufacture? The USPTO allows for applications to be made special based on manufacture under certain conditions. MPEP 708.02(VI) outlines this process: ‘An application may be made special on the ground of prospective manufacture upon filing a petition to make special accompanied by the fee…
Read MoreWhat are the requirements for a Petition to Make Special based on manufacture?
What are the requirements for a Petition to Make Special based on manufacture? To file a Petition to Make Special based on manufacture, you must meet specific criteria outlined in MPEP 708.02(IV). The key requirements are: The applicant must state that the product or process has been disclosed to the Office of Energy-Related Inventions of…
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