Patent Subject Matter Eligibility: Change is Coming

Colorful illustration with a blue background, an open book on a green surface and an illustrative lightbulb floating above the book with cogs attached to the filament of the lightbulb and a dotted line tracing the path.

Photo Credit: https://www.ipwatchdog.com/2018/11/23/idea-patent-invention/id=103526/

By: Whitney Lott
Articles Editor, American Journal of Trial Advocacy

Introduction  

For an invention to be patentable, the patent’s claim must be within the subject matter that is patent eligible.  Congress laid out the eligible subject matter for patenting in 35 U.S.C. § 101: “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.”[1] Continue reading “Patent Subject Matter Eligibility: Change is Coming”