How does the USPTO define ‘composition of matter’ for patent eligibility?
How does the USPTO define ‘composition of matter’ for patent eligibility? The USPTO defines ‘composition of matter’ as one of the four categories of patent-eligible subject matter under 35 U.S.C. § 101. According to the MPEP 2106.03: “Compositions of matter” are chemical compounds, mechanical mixtures, gases, and other materials. This category encompasses: Chemical compounds (e.g.,…
Read MoreHow can an applicant respond to a patent-eligible subject matter rejection?
According to MPEP 2106.07(b), an applicant can respond to a rejection based on failure to claim patent-eligible subject matter in three main ways: Amend the claim to add additional elements or modify existing elements Present persuasive arguments based on a good faith belief as to why the rejection is in error Submit evidence traversing the…
Read MoreWhat are the differences between machines and manufactures as patent-eligible subject matter?
What are the differences between machines and manufactures as patent-eligible subject matter? Machines and manufactures are two of the four categories of patent-eligible subject matter defined in 35 U.S.C. § 101. While both are tangible inventions, they differ in their nature: Machines: Concrete things consisting of parts or devices. The MPEP states, “A machine is…
Read MoreWhat are some examples of claims that improve technology and are not directed to a judicial exception?
The MPEP 2106.04(d)(1) provides several examples of claims that improve technology and are not directed to a judicial exception: Enfish, LLC v. Microsoft Corp.: Claims to a self-referential table for a computer database were found to be an improvement in computer capabilities. McRO, Inc. v. Bandai Namco Games Am. Inc.: Claims to automatic lip synchronization…
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