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Patentable subject matter in the United States is governed by 35 U.S.C. 101. The two particularly contentious areas, with numerous reversals of prior legislative and judicial decisions, have been computer-based and biological inventions. [9] [10] The US practice of patentable subject matter is very different from that of the European Patent Office.
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.
whether the presence of a computer in a claim could ever make patent-ineligible subject matter patentable; and whether method, system, and media claims should be considered equivalent under § 101. A very fractured panel of ten judges of the Federal Circuit issued seven different opinions, with no single opinion supported by a majority on all ...
One author of the US Patent Act of 1952 stated that patentable subject matter should encompass "anything under the sun that is made by man." [16] At that time, the USPTO and US courts interpreted both "anything" and "made by man" quite broadly. However, the meaning of these terms has been narrowed substantially over the years.
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]
The patent claims say nothing significantly more than apply the law, i.e., apply the natural laws that they describe and that simple additional instruction, by itself, is insufficient to transform an otherwise unpatentable claim into a patentable one. 35 U.S.C. 101: Invalidated attempt to patent natural law.
In their analysis, the Federal Court first refers to the definition of patentable invention in the language of 35 U.S.C. § 101, and found that AT&T's business method fell in the "process" category and the patent claims fell within the judicially created "mathematical algorithm" exception to statutory subject matter. In addition, because the ...