Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The United States has traditionally been open to broad areas of patentable subject matter. Title 35 of the U.S. Code, in Section 101, regulates the subject matter of patentable inventions: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, … may obtain a patent therefor.”

The U.S. Supreme Court in the past has supported that this section is to be interpreted broadly to cover “anything under the sun that is made by man.” Traditionally unpatentable subject matter includes abstract ideas, laws of nature, natural phenomena and mathematical algorithms. Thus, simply discovering something already in existence in nature is not patentable, but doing something with a naturally occurring item typically would be. For example, while a mathematical algorithm cannot be patented, its adoption as part of a software program useful for running a new business method through a computer system that provides a practical end result would fall within the scope of patentable subject matter.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.