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Home / Expert Opinion / IP Frontiers: A review of The USPTO’s procedure for determining patentable subject matter

IP Frontiers: A review of The USPTO’s procedure for determining patentable subject matter

Under U.S law (i.e., 35 U.S.C. §101), patent-eligible subject matter is defined as: “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.” However, the courts have long recognized the judicial ...