Under U.S. law, inventors may obtain a patent for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof[.]" Since the Supreme Court’s 1980 decision in Diamond v. Chakrabarty (447 U.S. 303), the U.S. Patent and Trademark Office (USPTO) has expanded the types of patentable subject matter to include biological materials such as nucleic acids and proteins, as well as methods of using these materials.
However, while the scope of patent-eligible subject matter is generally broad, the Supreme Court has also recognized that not everything is a patentable invention under the law. Notable exceptions to patentable subject matter include inventions that cover: (1) laws of nature; (2) physical phenomena; and (3) abstract ideas. These inventions have been deemed ineligible for patent protection. Unfortunately, the Supreme Court has done little to provide insight into the scope of these exceptions, much less articulate clear tests for patent-eligible 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This content has been archived.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 Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
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]
