What are the statutory categories for patentable inventions under 35 U.S.C. 101?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
According to 35 U.S.C. 101, there are four statutory categories for patentable inventions:
- Process
- Machine
- Manufacture
- Composition of matter
The MPEP directly quotes the statute: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” These categories define the types of inventions that are eligible for patent protection under U.S. law.
Topics:
MPEP 2100 - Patentability
MPEP 2104 - Requirements Of 35 U.S.C. 101
Patent Law
Patent Procedure