Patent eligibility: Patent Act, 35 U. S.
C. §101; Section 101 specifies four independent categories of
inventions or discoveries that are patent eligible: “processes,” “machines,”“manufactures,”
and “compositions of matter.” “In choosing such expansive terms, . . . Congress
plainly contemplated that the patent laws would be given wide scope,” Diamond
v. Chakrabarty, 447 U. S. 303, 308, in order to ensure that “
‘ingenuity should receive a liberal encouragement,’ ” id., at 308–309.
This Court’s precedents provide three specific exceptions to §101’s broad
principles: “laws of nature, physical phenomena, and abstract ideas.” Id., at
309. While not required by the statutory text, these exceptions are consistent
with the notion that a patentable process must be “new and useful.” And, in any
case, the exceptions have defined the statute’s reach as a matter of statutory stare
decisis going back 150 years. See Le Roy v. Tatham, 14 How.
156, 174. The §101 eligibility inquiry is only a threshold test. Even if a
claimed invention qualifies in one of the four categories, it must also satisfy
“the conditions and requirements of this title,” §101(a), including novelty,
see §102, nonobviousness, see §103, and a full and particular description, see
§112. The invention at issue is claimed to be a “process,” which §100(b)
defines as a “process, art or method, and includes a new use of a known
process, machine, manufacture, composition of matter, or material.” (U.S.S.Ct., 28.06.10,
Bilski v. Kappos, J. Kennedy).
Monday, June 28, 2010
Bilski v. Kappos
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