How 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 means.“
This definition is based on the Supreme Court’s interpretation in Diamond v. Chakrabarty, 447 U.S. 303 (1980). Manufactures are distinct from machines in that they don’t necessarily have moving parts or perform operations. They are articles produced from raw or prepared materials by giving them new forms, qualities, properties, or combinations, whether by hand labor or by machinery.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter,
Patent Law,
Patent Procedure