What are the differences between machines and manufactures as patent-eligible subject matter?
What are the differences between machines and manufactures as patent-eligible subject matter?
Machines and manufactures are two of the four categories of patent-eligible subject matter defined in 35 U.S.C. § 101. While both are tangible inventions, they differ in their nature:
- Machines: Concrete things consisting of parts or devices. The MPEP states, “A machine is a concrete thing, consisting of parts, or of certain devices and combination of devices.” This includes mechanical devices, electrical circuits, and other physical apparatus.
- Manufactures: Articles produced from raw or prepared materials. The MPEP defines it as “the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.” This category includes physical products that don’t fit into the machine or composition of matter categories.
The key difference is that machines are typically operational devices with moving parts or circuitry, while manufactures are generally static articles or products.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter,
Patent Law,
Patent Procedure