How does the USPTO handle claims that cover both statutory and non-statutory embodiments?

The USPTO has specific guidelines for handling claims that cover both statutory and non-statutory embodiments. According to the MPEP: “A claim whose BRI covers both statutory and non-statutory embodiments embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. Such claims fail the first step (Step 1:…

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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…

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What are the four categories of statutory subject matter for patent eligibility?

The four categories of statutory subject matter for patent eligibility, as enumerated in 35 U.S.C. 101, are: Processes Machines Manufactures Compositions of matter As stated in the MPEP: “These “four categories together describe the exclusive reach of patentable subject matter. If a claim covers material not found in any of the four statutory categories, that…

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What is the definition of a “machine” in patent law?

What is the definition of a “machine” in patent law? In patent law, a “machine” is one of the four categories of statutory subject matter. The MPEP 2106.03 provides the following definition: “A machine is a concrete thing, consisting of parts, or of certain devices and combination of devices.“ This definition is derived from the…

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