Simple English definitions for legal terms
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Statutory subject matter: In order for an invention to be eligible for a patent, it must meet certain requirements. One of these requirements is that it must fall into one of five categories: compositions of matter (like drugs or glue), articles of manufacture (like screwdrivers or rakes), machines (like car engines), processes (like medical procedures), or new and useful improvements to any of these categories. This is known as statutory subject matter. The invention must also not fall into any exceptions recognized by the courts, which is known as judicial subject matter.
Statutory subject matter refers to the criteria that an invention must meet in order to be considered patentable. There are two criteria that must be satisfied: statutory and judicial.
According to 35 U.S.C. Section 101, an invention must fall into at least one of five categories to qualify as statutory subject matter:
Judicial subject matter refers to exceptions recognized by the courts. If an invention falls within one of these exceptions, it cannot be considered patentable.
For example, a new type of glue would be considered statutory subject matter because it falls under the category of compositions of matter. A new type of music player, on the other hand, would be considered statutory subject matter because it falls under the category of machines. However, if someone tried to patent a natural phenomenon like gravity, it would not be considered statutory subject matter because it does not fall into any of the five categories.