“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

 

 

 

 

 

 

 

 

“Anything under the sun made by man…”

Oliver Wendell Holmes United States Supreme Court

Diamond v. Chakrabarty, 447 U.S. 303, 308 – 09, 206 USPQ 193, 197 (1980) (an oil consuming bacteria, classified as a life form, is patentable).

 

 

 

 

 

  • Processes: Methods of Decoding, Encryption, Fabrication, Clean-up, Etc.
  • Articles Of Manufacture: Semiconductor Chips, Circuits, Components, Machinery, Etc.
  • Systems: Networks, Communications Systems, Etc.
  • Machines: Computer Programmed to Perform a Specific Function
  • Software: Functionality Performed by Processor; Can Protect Code on a Medium Independent of Platform or Hardware
  • Business Methods: reduced to practice on a computer
  • Combinations of Known Elements Are Protectable
  • Two cases narrow the scope of subject matter:
    • An electrical signal, by itself, is not patentable subject matter. In re Nuijten, 500 F.3d 1346 (Fed. Cir. 2007).
    • Business method, when not combined with a machine (e.g., computer) is not patentable subject matter. In re Comiskey, 499 F.3d 1365 (Fed. Cir. 2007).