How is the term ‘invention’ defined in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The term ‘invention’ is defined in 35 U.S.C. 100(a) as follows:
The term “invention” means invention or discovery.
This definition is broad and encompasses both new creations and discoveries of previously unknown phenomena or properties. It’s important to note that while the term includes discoveries, not all discoveries are patentable. The invention must still meet the criteria outlined in 35 U.S.C. 101, 102, 103, and 112 to be eligible for a patent.