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 an application filed before September 16, 2012, or the inventor(s) or person(s) to whom the inventor has assigned or is under an obligation to assign the invention must be the applicant in an application filed on or after September 16, 2012, (see 37 CFR 1.42, 1.43 and 1.46). Third, the claimed invention must be statutory subject matter. Fourth, the claimed invention must be useful (have utility).”
These requirements work alongside other sections such as 35 U.S.C. 102 (novelty), 35 U.S.C. 103 (non-obviousness), and 35 U.S.C. 112 (specification) to determine overall patentability.
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