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35 U.S.C. § 101: Patentable subject matter

35 U.S.C. 101 defines what can be patented and the limits on patentable subject matter.

Citation: 35 U.S.C. § 101

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

A patent may cover a process, machine, manufacture, or composition of matter, or an improvement of one. Laws of nature, natural phenomena, and abstract ideas cannot be patented as such. Courts apply the two-step Alice/Mayo test: whether the claim is directed to an exception, and if so whether it adds an inventive concept.

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