Patentability
Quick Statistics:
Number of Pages: 524 pgs
Sections: 2101 – 2190
Brief Summary:
Determining whether specific subject matter is patentable is a very difficult task. Therefore, the PTO has many rules and guidelines used to help sort out this dilemma. The patentability guidelines extend to living subject matter and computer related inventions as well as basic engineering designs.
The statutes under 35 U.S.C. 101, 102 and 103 are used to reject an application’s disclosed subject matter. 35 U.S.C. 101 discusses the types of inventions that are patentable. 35 U.S.C. 102 discusses the conditions for patenting in as far as their novelty requirements and the loss of the right to patent. 35 U.S.C. 103 states the conditions for patenting in relation to non-obvious subject matter.
The requirements for the specification are outlined in the paragraphs of 35 U.S.C. 112. The general requirements for a specification can be broken down into three basic categories; the written description, the enablement and the best mode.
Key Terms:
| Best Mode | Compositions of Matter | Enabling Disclosure |
| Obviousness | Patentable Subject Matter | Written Description |
35 USC (United States Code):
| 35 USC 101 | Inventions patentable. |
| 35 USC 112 | Specification. |