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Patents
Any person who “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,” subject to the conditions and
requirements of the law.
The word “process” is
defined by law as a process, act or method, and
primarily includes industrial or technical processes.
The term “machine” used in the statute
needs no explanation. The term “manufacture”
refers to articles that are made, and includes
all manufactured articles. The term “composition
of matter” relates to chemical compositions
and may include mixtures of ingredients as well
as new chemical compounds. These classes of subject
matter taken together include practically everything
that is made by man and the processes for making
the products.
The Atomic Energy Act of 1954 excludes
the patenting of inventions useful solely in the
utilization of special nuclear material or atomic
energy for atomic weapons.
The patent law specifies that the
subject matter must be “useful.” The
term “useful” in this connection refers
to the condition that the subject matter has a
useful purpose and also includes purposeful operating,
that is, a machine which will not operate to perform
the intended purpose would not be called useful,
and therefore would not be granted a patent.
Interpretations of the statute by
the courts have defined the limits of the field
of subject matter that can be patented, thus it
has been held that the laws of nature, physical
phenomena, and abstract ideas cannot be patented
subject matter.
A patent cannot be obtained upon
a mere idea or suggestion. The patent is granted
upon the new machine, manufacture, etc., as has
been said, and not upon the idea or suggestion
of the new machine. A complete description of
the actual machine or other subject matter for
which a patent is sought is required.
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