What Is Patentable Subject Matter?
The § 101 Rule:
- Manufacture (manufactured product)
- Composition of matter
- Any new and useful improvement (of anything on this list)
What Is NOT Patentable Subject Matter?
- Abstract ideas (e.g., mathematical concepts, methods of organizing human activity, mental processes)
- Laws of nature
- Natural phenomenon
What does that mean? If you conceive a new idea that is initially not patentable subject matter, integrate that new idea into a practical (real-life) application, or have some additional element beyond the abstract idea.
- Apply a mathematical equation to a pump operation.
- Computer application. Software by itself is not patent eligible, so the app by itself does not meet the criteria. However, how the app collects data, transforms it into a process (e.g., actions), and how those actions affect a real-world practical user experience, may meet the criteria.
Category: Intellectual Property, Patents