§ 101. — Inventions patentable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC101]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 10--PATENTABILITY OF INVENTIONS
Sec. 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., Sec. 31 (R.S. 4886, amended (1)
Mar. 3, 1897, ch. 391, Sec. 1, 29 Stat. 692, (2) May 23, 1930, ch. 312,
Sec. 1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, Sec. 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been replaced by ``process'', which is defined in section 100.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.
