What are the four categories of statutory subject matter for patent eligibility?
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 four categories of statutory subject matter for patent eligibility, as enumerated in 35 U.S.C. 101, are:
- Processes
- Machines
- Manufactures
- Compositions of matter
As stated in the MPEP: “These “four categories together describe the exclusive reach of patentable subject matter. If a claim covers material not found in any of the four statutory categories, that claim falls outside the plainly expressed scope of § 101 even if the subject matter is otherwise new and useful.” This quote emphasizes the importance of ensuring that a claimed invention falls within at least one of these categories to be considered patent-eligible subject matter.