The constitutional purpose for granting patents is to promote the progress of the “useful arts,” which is interpreted to be equivalent to the contemporary definition of applied technology.  The phrase “useful arts” thus means only certain tangible subject matter and not laws of nature, scientific theories, mathematical algorithms in the abstract, natural phenomena or abstract ideas.  Subject matter that represents nothing more than an idea or concept or is simply a starting point for future investigation or research is not patentable.  The United States statute that sets out what can be protected by patent reads as follows:

The underlined portion of this extract defines what are known as the statutory classes of patentable subject matter.  An invention therefore can only be patented as a “utility” patent if it it is considered to fall within one of these statutory classes of subject matter.  An applicant is not required, however, to state which class his or her invention falls within.  The patent system does separately provide protection for designs of articles of manufacture (See Design Patents) and for plants (See Plant Patents).

 

While one of the statutory classes of patentable subject matter is “new and useful processes,” not all processes are patentable.  Whether mathematical, computer and business related processes can be patented has been, and continues to be, highly controversial.  If a process must be used in a particular machine or apparatus or involves transformation of an article or material into a different state or thing, it is eligible for patent protection.  However, the Supreme Court has recently held that this “machine or transformation” test is not the role test for determining patent eligibility for method claims.  The Court thus left open the possibility that certain “business method” processes may constitute patentable subject matter, provided that claims to such processes do not represent an attempt to patent abstract ideas. 

 

A “manufacture” is anything tangible and man-made that is not a machine or composition of matter.  Thus, a product found in nature is not patentable unless it has been altered by humans.  For example, genetically altered organisms such as mice and bacteria can be patented, but a plant discovered growing in the wild cannot.  A naturally occurring compound not previously isolated or purified may, however, be patentable in its isolated or purified form.

 

Other countries may have very different standards for patent eligible subject matter.  For example, in certain countries patents may not be obtainable on pharmaceuticals, therapeutic methods, business methods, living organisms or computer software.

 

 

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