How 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…
Read MoreWhat information can an examiner request about the invention’s utility?
An examiner can request various types of information about an invention’s utility during the patent examination process. According to MPEP 704.11(a), this may include: Specific utilities of the invention Actual utilities of the invention Contemplated uses of the invention Specific properties of the invention The MPEP states: ‘Information reasonably necessary for finding prior art ……
Read MoreWhat is the relationship between questioned test results and operability or utility rejections?
When test results in a patent application are questioned, it may raise concerns about the operability or utility of the invention. The MPEP 707.07(l) addresses this connection: If questions are present as to operability or utility, consideration should be given to the applicability of a rejection under 35 U.S.C. 101. See MPEP § 2107 et…
Read More