35 U.S.C. 101 — Inventions patentable
Statute text
Copy text35 U.S.C. · MPEP Appendix L (Revision 01.2024)
35 U.S.C. 101 — Inventions patentable.
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
(Public Law 112-29, sec. 33, 125 Stat. 284 (Sept. 16, 2011) provided a limitation on the issuance of patents (see AIA § 33 ).)
[top]
Cited by the manual
57 sections34 mentions in this section.
24 mentions in this section.
14 mentions in this section.
11 mentions in this section.
10 mentions in this section.
9 mentions in this section.
8 mentions in this section.
8 mentions in this section.
7 mentions in this section.
5 mentions in this section.
5 mentions in this section.
5 mentions in this section.
5 mentions in this section.
3 mentions in this section.
3 mentions in this section.
3 mentions in this section.
3 mentions in this section.
2 mentions in this section.
2 mentions in this section.
2 mentions in this section.
2 mentions in this section.
2 mentions in this section.
2 mentions in this section.
2 mentions in this section.
2 mentions in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
1 mention in this section.
Discussed in USPTO guidance
- 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial IntelligenceFederal Register notice · USPTO · 2024-07-17
- Reminders on Evaluating Subject Matter Eligibility of Claims under 35 U.S.C. 101Memorandum · USPTO (Deputy Commissioner for Patents) · 2025-08-04
- Ex parte Desjardins, Appeal 2024-000567 (Appeals Review Panel, Sept. 26, 2025) — precedentialPrecedential decision · USPTO Appeals Review Panel (Director Squires) · 2025-09-26
- Advance Notice of Change to the MPEP in Light of Ex parte DesjardinsAdvance notice of change to the MPEP · USPTO · 2025-12-05
- Memorandum to the Patent Examining Corps — Subject Matter Eligibility DeclarationsMemorandum · USPTO · 2025-12-04
- Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs)Memorandum · USPTO · 2026-04-30
- Subject Matter Eligibility Examples 1-36 (Dec. 2014 - Dec. 2016)Eligibility examples · USPTO · 2016-12-15
- Form Paragraphs for the 2019 Revised Patent Subject Matter Eligibility GuidanceSupporting material · USPTO · 2019-01-08
- Frequently Asked Questions on the 2019 Revised Patent Subject Matter Eligibility GuidanceSupporting material · USPTO · 2019-01-07
- Sample Subject Matter Eligibility Rejection under the 2019 Revised GuidanceSupporting material · USPTO · 2019-01-08
USPTO guidance issued after the pinned MPEP revision that cites this authority.