2104 Patentable Subject Matter
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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.
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.
35 U.S.C. 101 has been interpreted as imposing four requirements:
- First, whoever invents or discovers an eligible invention may obtain only ONE patent therefor. This requirement forms the basis for statutory double patenting rejections when two applications claim the same invention, i.e. claim identical subject matter.
- Second, the inventor(s) must be the applicant in an application filed before September 16, 2012, and the inventor or each joint inventor must be identified in an application filed on or after September 16, 2012.
- Third, a claimed invention must be eligible for patenting. There are two criteria for determining subject matter eligibility:
- (a) first, a claimed invention must fall within one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter; and
- (b) second, a claimed invention must be directed to patent-eligible subject matter and not a judicial exception (unless the claim as a whole includes additional limitations amounting to significantly more than the exception).
- Fourth, a claimed invention must be useful or have a utility that is specific, substantial and credible.
