What are the four requirements imposed by 35 U.S.C. 101?

35 U.S.C. 101 imposes four main requirements for patent eligibility:

  1. The invention must fall within one of the four statutory categories: process, machine, manufacture, or composition of matter.
  2. The invention must be directed to patent-eligible subject matter and not a judicial exception (unless it includes additional limitations amounting to significantly more than the exception).
  3. Only one patent can be issued for the same invention to the same inventor or inventive entity.
  4. The invention must have a specific, substantial, and credible utility.

As stated in the MPEP: “35 U.S.C. 101 has been interpreted as imposing four requirements.” These requirements form the foundation for determining patent eligibility under U.S. patent law.

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Topics: MPEP 2100 - Patentability, MPEP 2104 - Requirements Of 35 U.S.C. 101, Patent Law, Patent Procedure
Tags: 35 u.s.c. 101, Judicial Exceptions, Patent Eligibility, statutory categories, Utility