Section 101 of U.S. patent law (35 U.S.C. §101) provides that: Process, machine, manufacture, composition of matter and new and useful improvements constitute the categories of patentable subject matter. The latter three categories define "things" or "products" while the first category defines "actions" (i.e., inventions that consist of a series of steps or acts to be performed). Section 101 defines in “expansive terms” the categories of patent-eligible inventions. Thomas Jefferson, an author of the Act of Feb. 21, 1793 (1793 Patent Act), desired that “ingenuity should receive a liberal encouragement,” and broad and flexible patent laws are integral to that goal. Consistent with that intent, “[t]he subject-matter provisions of the patent law have been cast in broad terms to fulfill the con
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| - Section 101 of U.S. patent law (35 U.S.C. §101) provides that: Process, machine, manufacture, composition of matter and new and useful improvements constitute the categories of patentable subject matter. The latter three categories define "things" or "products" while the first category defines "actions" (i.e., inventions that consist of a series of steps or acts to be performed). Section 101 defines in “expansive terms” the categories of patent-eligible inventions. Thomas Jefferson, an author of the Act of Feb. 21, 1793 (1793 Patent Act), desired that “ingenuity should receive a liberal encouragement,” and broad and flexible patent laws are integral to that goal. Consistent with that intent, “[t]he subject-matter provisions of the patent law have been cast in broad terms to fulfill the con
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| abstract
| - Section 101 of U.S. patent law (35 U.S.C. §101) provides that: Process, machine, manufacture, composition of matter and new and useful improvements constitute the categories of patentable subject matter. The latter three categories define "things" or "products" while the first category defines "actions" (i.e., inventions that consist of a series of steps or acts to be performed). Section 101 defines in “expansive terms” the categories of patent-eligible inventions. Thomas Jefferson, an author of the Act of Feb. 21, 1793 (1793 Patent Act), desired that “ingenuity should receive a liberal encouragement,” and broad and flexible patent laws are integral to that goal. Consistent with that intent, “[t]he subject-matter provisions of the patent law have been cast in broad terms to fulfill the constitutional and statutory goal of promoting ‘the Progress of Science and the useful Arts’ with all that means for the social and economic benefits envisioned by Jefferson.” Whether a claim is drawn to patent-eligible subject matter under §101 is a threshold inquiry, and any claim of an application failing the requirements of §101 must be rejected, even if it meets all of the other legal requirements of patentability. Whether a claim is drawn to patent-eligible subject matter under §101 is an issue of law that we review de novo. Claim construction, which the court reviews de novo, is an important first step in a §101 analysis.
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