Legal Definitions - nonstatutory subject matter

Nonstatutory subject matter refers to certain types of inventions or discoveries that, by law, cannot be granted patent protection. Patent law specifies particular categories of things that are eligible for patents, such as new and useful processes, machines, manufactured articles, or compositions of matter. If an invention or discovery does not fit into one of these legally defined categories, it is considered nonstatutory and therefore unpatentable. This ensures that fundamental building blocks of human knowledge or natural occurrences remain freely available for everyone to use and innovate upon.

Here are some examples of nonstatutory subject matter:

• A newly discovered natural phenomenon: Imagine a scientist discovers a unique type of bioluminescence emitted by a deep-sea organism, where the light production mechanism is entirely new to science. While this discovery is groundbreaking, the natural phenomenon itself—the specific way the organism naturally produces light—cannot be patented. The underlying biological process is a work of nature. However, if the scientist were to invent a novel device or process that *mimics* or *applies* this natural bioluminescence for a practical purpose (e.g., a new type of energy-efficient lighting system), that specific invention might be patentable.

• A pure mathematical formula or abstract algorithm: Consider a brilliant mathematician who develops a groundbreaking new equation that can predict stock market fluctuations with unprecedented accuracy, or a computer scientist who devises a highly efficient algorithm for solving a complex computational problem, expressed purely as a series of abstract logical steps. The mathematical formula or the abstract algorithm itself, as a fundamental concept or mental process, is considered nonstatutory subject matter. It's an abstract idea. However, if this algorithm were integrated into a specific, novel computer system or a unique machine that performs a practical function, the *system* or *machine* incorporating the algorithm might be eligible for patent protection.

• A purely aesthetic design for a piece of clothing or a musical composition: Suppose a fashion designer creates a visually stunning and unique pattern for a new line of dresses, or a composer writes an original symphony. While these creations are highly original and valuable, they are generally considered nonstatutory for utility patent purposes. They are primarily artistic or aesthetic expressions. Such works are typically protected under copyright law, which safeguards original works of authorship, rather than patent law, which focuses on functional inventions.