Legal Definitions - composition of matter

In patent law, a composition of matter refers to a new and unique combination of ingredients or materials that results in a distinct substance. It is one of the categories of inventions that can be protected by a patent.

This type of invention focuses on the substance itself, rather than its shape, form, or the process used to create it. A composition of matter can be a chemical compound formed by a chemical reaction, or a physical mixture of different materials. It can exist in any state, such as a gas, liquid, powder, or solid.

Here are some examples to illustrate what a composition of matter entails:

• Example 1: A New Biodegradable Plastic Blend

  Imagine a team of scientists develops a novel plastic material that is entirely plant-based and degrades completely into harmless components within a few months. This new material is created by combining specific natural polymers and additives in a unique ratio and arrangement that has never been achieved before, resulting in a plastic with both strength and rapid biodegradability.

  This is a "composition of matter" because the invention lies in the specific, new blend of ingredients that forms the plastic itself. The patent would protect the unique chemical and physical makeup of this biodegradable plastic, not just an object made from it or the process of manufacturing it.

• Example 2: An Advanced Fire-Retardant Coating

  Consider a newly formulated liquid coating designed to be applied to building materials, which, when exposed to high heat, expands into a thick, insulating char layer that prevents fire spread. This coating is a precise mixture of various inorganic salts, intumescent agents, and binders, combined in a specific way to achieve superior fire protection properties.

  This coating qualifies as a "composition of matter" because the invention is the unique chemical formulation—the specific combination and ratios of the ingredients—that gives the coating its novel fire-retardant capabilities. The patent would cover this particular blend of substances, not the method of applying it or the surface it protects.

• Example 3: A Specialized Soil Amendment for Agriculture

  A company develops a new granular product that, when mixed into soil, significantly improves water retention and nutrient availability for plants. This product is a unique blend of volcanic minerals, beneficial microbial cultures, and slow-release organic compounds, all processed and combined to create a synergistic effect on soil health.

  This granular product is a "composition of matter" because the invention is the specific, novel mixture of these diverse components. The patent would protect the unique formulation and combination of these materials that constitute the soil amendment, rather than the act of applying it to a field or the improved crops that result.