What are the four purposes of 35 U.S.C. 101?
According to MPEP 2107.01, 35 U.S.C. 101 has been interpreted as imposing four purposes:
- Limiting an inventor to ONE patent for a claimed invention
- Requiring proper inventorship
- Defining which categories of inventions are eligible for patent protection
- Ensuring that patents are granted only on inventions that are “useful”
The MPEP states: “35 U.S.C. 101 has been interpreted as imposing four purposes. First, 35 U.S.C. 101 limits an inventor to ONE patent for a claimed invention. […] Second, the inventor(s) must be the applicant in an application filed before September 16, 2012, […] and the inventor or each joint inventor must be identified in an application filed on or after September 16, 2012. […] Third, 35 U.S.C. 101 defines which categories of inventions are eligible for patent protection. […] Fourth, 35 U.S.C. 101 serves to ensure that patents are granted on only those inventions that are “useful.””
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2107.01 - General Principles Governing Utility Rejections,
Patent Law,
Patent Procedure