What are the requirements for patent eligibility under 35 U.S.C. 101?

35 U.S.C. 101 sets forth the basic requirements for patent eligibility. According to MPEP 2103, there are four main requirements:

1. Only one patent may be obtained for an invention
2. Proper identification of inventors:
   • For applications filed on or after September 16, 2012, inventors must be identified in the application
   • For applications filed before September 16, 2012, inventors must be the applicants
3. The claimed invention must be eligible for patenting:
   • This includes falling within the statutory categories of patentable subject matter
   • The invention must not be directed to a judicial exception without significantly more
4. The claimed invention must be useful (have utility)

The MPEP states, The patent eligibility inquiry under 35 U.S.C. 101 is a threshold inquiry. However, it also notes that examiners should avoid focusing on only issues of patent-eligibility under 35 U.S.C. 101 to the detriment of considering an application for compliance with the requirements of 35 U.S.C. 102, 35 U.S.C. 103, and 35 U.S.C. 112.

It’s important to remember that meeting the 35 U.S.C. 101 requirements is just the first step. An invention must also satisfy other conditions and requirements of patent laws to be patentable.

To learn more:

• patent eligibility
• 35 U.S.C. 101
• utility
• patentable subject matter