What are the four requirements imposed by 35 U.S.C. 101?
35 U.S.C. 101 imposes four main requirements for patent eligibility:
- The invention must fall within one of the four statutory categories: process, machine, manufacture, or composition of matter.
- 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).
- Only one patent can be issued for the same invention to the same inventor or inventive entity.
- 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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2104 - Requirements Of 35 U.S.C. 101,
Patent Law,
Patent Procedure