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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.
the two-prong patentable subject matter eligibility according to Alice-Mayo framework. The two particularly contentious areas, with numerous reversals of prior legislative and judicial decisions, have been computer-based (see Software patents under United States patent law) and biological inventions.
Relation between patent law and antitrust law. Kewanee Oil v. Bicron: 416 U.S. 470: 1974: State trade secret law not preempted by patent law. Dann v. Johnston: 425 U.S. 219: 1976: Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro: 425 U.S. 273: 1976
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 ...
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) Non-obvious (in United States patent law) or involve an inventive ...
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 ...
Diamond v. Chakrabarty, 447 U.S. 303 (1980), was a United States Supreme Court case dealing with whether living organisms can be patented.Writing for a five-justice majority, Chief Justice Warren E. Burger held that human-made bacteria could be patented under the patent laws of the United States because such an invention constituted a "manufacture" or "composition of matter".
The SCOTUS under William O. Douglas developed case law on non-obviousness (see flash of genius) and subject matter eligibility to limit proliferation of weak patents. 1952. Fifth Patent Act codified US patent law into Title 35 of the U.S. Code including previous case law on non-obviousness. 1980.
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