2104 Patentable Subject Matter
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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 therefor, subject to the conditions and requirements of this title.
35 U.S.C. 101 has four requirements:
- First, whoever invents or discovers an eligible invention may obtain only ONE patent therefor.
- This requirement forms the basis for statutory double patenting rejections when two applications claim the same invention, i.e. claim identical subject matter.
- Second, the inventor(s) must be the applicant in an application filed before September 16, 2012, (except as otherwise provided in pre-AIA 37 CFR 1.41(b)) and the inventor or each joint inventor must be identified in an application filed on or after September 16, 2012.
- Third, a claimed invention must fall within one of the four eligible categories of invention, i.e., process, machine, manufacture, or composition of matter, as these categories have been interpreted by the courts.
- Fourth, a claimed invention must be useful or have a utility that is specific, substantial and credible.
