Patent-Eligible Subject Matter Reform: An Overview (CRS Report for Congress)
| Release Date |
Revised Dec. 4, 2024 |
| Report Number |
IF12563 |
| Report Type |
In Focus |
| Authors |
Emily G. Blevins; Kevin J. Hickey |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The U.S. patent system is designed to encourage
innovation. The types of inventions that can be patented,
however, may affect the patent system’s ability to promote
innovation in certain fields, especially in emerging
technologies like artificial intelligence (AI) and
biotechnology. This In Focus analyzes recent judicial,
administrative, and legislative developments related to the
standards for determining patent-eligible subject matter.
Patent-eligible subject matter generally refers to the types
of inventions that may be patented. Section 101 of the
Patent Act (35 U.S.C. §101) sets out four categories of
patentable inventions: “any new and useful [1] process,
[2] machine, [3] manufacture, or [4] composition of
matter.” Through Section 101, Congress sought to ensure
the patentability of “anything under the sun that is made by
man” that meets all of the other requirements for
patentability, such as novelty, enablement, and
nonobviousness.
The statutory definition of patent-eligible subject matter
under Section 101 has remained essentially unchanged for
more than two centuries. Nonetheless, the scope of patenteligible subject matter has waxed and waned over time,
depending on the trends in judicial decisions.
