PATENTABLE SUBJECT MATTER

patentable subject matter.Things that by law can be patented; any machine, process, manufacture, or material composition, or an improvement to such things, that (1) is discovered or invented, (2) is new and useful, and (3) meets the statutory conditions and requirements to qualify for a patent. • Patents may be issued for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” 35 USCA § 101. Patents may not be issued for laws of nature, naturally occurring materials, physical phenomena, or abstract ideas and formulas. But if a naturally occurring material is processed in a way that gives it a new use, that process may be patentable. — Often shortened to subject matter. — Also termed statutory subject matter. [Cases: Patents  1. C.J.S. Patents §§ 1–5, 10–12, 15.]

[Blacks Law 8th]