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:…
Read MoreHow does the USPTO define a “process” for patent eligibility?
How does the USPTO define a “process” for patent eligibility? According to MPEP 2106.03, a “process” for patent eligibility is defined as follows: “A process defines ‘actions’, i.e., an invention that is claimed as an act or step, or a series of acts or steps.“ The MPEP further clarifies that a process is not limited…
Read MoreHow is a ‘process’ defined for patent eligibility purposes?
A process, for patent eligibility purposes, is defined as a series of actions or steps. The MPEP cites the Supreme Court’s definition from Gottschalk v. Benson: “A ‘process’ is ‘a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to…
Read MoreWhat 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 MoreWhat 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…
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 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…
Read MoreWhat constitutes a “composition of matter” in patent law?
What constitutes a “composition of matter” in patent law? A “composition of matter” is one of the four categories of statutory subject matter in patent law. The MPEP 2106.03 defines it as follows: “A composition of matter is all compositions of two or more substances and all composite articles, whether they be the results 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…
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