2015 US Code
Title 35 - Patents (Sections 1 - 390)
Part II - Patentability of Inventions and Grant of Patents (Sections 100 - 212)
Chapter 10 - Patentability of Inventions (Sections 100 - 105)
Sec. 101 - Inventions patentable
|Publication Title||United States Code, 2012 Edition, Supplement 3, Title 35 - PATENTS|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 35 - PATENTS|
PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 10 - PATENTABILITY OF INVENTIONS
Sec. 101 - Inventions patentable
|Laws In Effect As Of Date||January 3, 2016|
|Source Credit||July 19, 1952, ch. 950, 66 Stat. 797.|
|Statutes at Large References||29 Stat. 692|
46 Stat. 376
53 Stat. 1212
66 Stat. 797
125 Stat. 340
|Public and Private Laws||Public Law 112-29|
§101. Inventions patentable
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
(July 19, 1952, ch. 950, 66 Stat. 797.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., §31 (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, §1, 29 Stat. 692, (2) May 23, 1930, ch. 312, §1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212).
The corresponding section of existing statute is split into two sections, section 101 relating to the subject matter for which patents may be obtained, and section 102 defining statutory novelty and stating other conditions for patentability.
Section 101 follows the wording of the existing statute as to the subject matter for patents, except that reference to plant patents has been omitted for incorporation in section 301 and the word "art" has been replaced by "process", which is defined in section 100. The word "art" in the corresponding section of the existing statute has a different meaning than the same word as used in other places in the statute; it has been interpreted by the courts as being practically synonymous with process or method. "Process" has been used as its meaning is more readily grasped than "art" as interpreted, and the definition in section 100(b) makes it clear that "process or method" is meant. The remainder of the definition clarifies the status of processes or methods which involve merely the new use of a known process, machine, manufacture, composition of matter, or material; they are processes or methods under the statute and may be patented provided the conditions for patentability are satisfied.
LIMITATION ON ISSUANCE OF PATENTS
Pub. L. 112–29, §33, Sept. 16, 2011, 125 Stat. 340, provided that:
"(a) Limitation.—Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
"(b) Effective Date.—
"(1) In general.—Subsection (a) shall apply to any application for patent that is pending on, or filed on or after, the date of the enactment of this Act [Sept. 16, 2011].
"(2) Prior applications.—Subsection (a) shall not affect the validity of any patent issued on an application to which paragraph (1) does not apply."
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.