What constitutes a “composition of matter” in patent law?
What constitutes a “composition of matter” in patent law?
A “composition of matter” is one of the four categories of statutory subject matter in patent law. The MPEP 2106.03 defines it as follows:
“A composition of matter is all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids.“
This definition is derived from the Supreme Court’s interpretation in Diamond v. Chakrabarty, 447 U.S. 303 (1980). Compositions of matter can include chemical compounds, mixtures, or other combinations of materials. This category is particularly relevant in fields such as chemistry, pharmaceuticals, and materials science.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter,
Patent Law,
Patent Procedure