The Prior Art of War: Decoding Title 35

Foundational Principles of Patentable Subject Matter


Listen Later

This episode provides a comprehensive analysis of the statutory framework governing patent eligibility under 35 U.S.C. § 101. We examine the four enumerated categories of invention—process, machine, manufacture, and composition of matter—and clarify the eligibility of improvements to existing technologies.
A central focus is the critical analysis of judicially created exceptions, including laws of nature, natural phenomena, and abstract ideas. We discuss the requisite integration of these concepts into a practical application, underscored by an inventive concept, to overcome ineligibility. The discussion further distinguishes subject matter eligibility from the separate patentability requirements of novelty (§ 102) and non-obviousness (§ 103), providing clarity on the initial hurdles in patent prosecution. Key principles are illustrated through various scenarios emphasizing the importance of tangibility, functionality, and precise claim drafting.
...more
View all episodesView all episodes
Download on the App Store

The Prior Art of War: Decoding Title 35By LAMAR A. ALLEN