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Intellectual  Property

Subject Matter Upon Which a Patent May Be Granted

by Jacob N. (Jesse) Erlich, Partner
Perkins, Smith & Cohen, LLP
One Beacon Street 30th Floor
Boston, MA 02108
617.854.4000
jacob_erlich@pscboston.com

Title 35, Section 101 of the United States Code provides the statutory basis for determining the type of subject matter upon which a patent may be granted.  More specifically, this section states "[w]hoever 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.

As seen from the above law, which sets forth the statutory criteria establishing subject matter which is eligible for patenting, one does not have to invent a basic process, machine, (article of) manufacture or composition of matter to obtain a patent since an inventor of an improvement on any of the above statutory classes of inventions as well as an unobvious combination of old elements may also be entitled to a patent.  This, however, does not mean that everything under the sun may be patented.  For example, printed matter, things naturally occurring in nature, and pure scientific principles do not fall under the scope of subject matter upon which patents can be granted.

The information is provided for informational purposes only, and should not be construed as legal advice.

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