Why are “Use” Claims often rejected under 35 U.S.C. 101?

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.

“Use” claims are often rejected under 35 U.S.C. 101 because they fail to fall within the statutory categories of patentable inventions. The MPEP 2173.05(q) states:

“‘Use’ claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101.”

This is further supported by case law, as the MPEP cites: “one cannot claim a new use per se, because it is not among the categories of patentable inventions specified in 35 U.S.C. § 101” (In re Moreton, 288 F.2d 708, 709, 129 USPQ 227, 228 (CCPA 1961)).