Patent Law: 35 USC 101

Question 1

101 Statute

Answer 1

“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 therefore, subject to the conditions and requirements of this title.”

Question 2

Statutory Subject Matter

Answer 2

Process
Machine
Manufacture
Composition of Matter
(Excludes atomic weapons, math formulas, principles of science, naturally occurring things, etc.)

Question 3

Utility

Answer 3

Does what you’re claiming do anything useful?

Question 4

“Whoever”

Answer 4

INVENTOR not employer

Question 5

Judicial Exceptions

Answer 5

To qualify as patent-eligible subject matter, the claim must recite additional elements that amount to significantly more than a judicial exception (law of nature, natural phenomenon, abstract idea)