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Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection.
Patentable subject matter in the United States is governed by 35 U.S.C. 101. The current patentable subject matter practice in the U.S. is very different from the corresponding practices by WIPO / Patent Cooperation Treaty and by the European Patent Office , and it is considered to be broader in general.
The patent laws usually require that, for an invention to be patentable, it must be: Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection (also called "statutory patentable subject-matter") Novel (i.e. at least some aspect of it must be new)
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 (Novelty requirement) of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made ...
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter. (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would ...
Accordingly, the claimed subject matter did not fit within any of the statutory categories of section 101, which defines patentable subject matter. [43] Moreover, it was intangible, and in the Digitech case, the Federal Circuit had held that except for processes, "eligible subject matter must exist in some physical or tangible form." [44]
There are several grounds for challenges: the claimed subject matter is not patentable subject matter at all; the claimed subject matter was actually not new, or was obvious to the person skilled in the art, at the time the application was filed; or that some kind of fraud was committed during prosecution with regard to listing of inventors ...
A gene patent is a patent on a specific isolated gene sequence, its chemical composition, the processes for obtaining or using it, or a combination of such claims. With respect to subject matter, gene patents may be considered a subset of the broader category of biological patents.
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