To qualify as patentable subject matter, an invention must satisfy two criteria: statutory, and judicial.
35 U.S.C. Section 101, requires that to qualify as statutory subject matter, the subject matter of the invention must fall into at least one of five categories:
- Compositions of matter (compounds such as a drug or glue);
- Articles of manufacture (simple devices such as screwdrivers and rakes);
- Machines (devices with moving parts, such as an auto engine);
- Processes (a method of doing something such as an implant procedure); and
- New and useful improvements of any of the above categories.
Judicial subject matter means that subject matter cannot fall within an exception recognized by the courts.
[Last updated in October of 2021 by the Wex Definitions Team]