The patent law specifies the general field of subject matter that can be
patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “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,” subject
to the conditions and requirements of the law. The word “process” is
defined by law as a process, act or method, and primarily includes
industrial or technical processes. The term “machine” used in the
statute needs no explanation. The term “manufacture” refers to articles
which are made, and includes all manufactured articles. The term
“composition of matter” relates to chemical compositions and may include
mixtures of ingredients as well as new chemical compounds. These classes
of subject matter taken together include practically everything which is
made by man and the processes for making the products.
The Atomic Energy Act of 1954 excludes the patenting of inventions
useful solely in the utilization of special nuclear material or atomic
energy for atomic weapons.
The patent law specifies that the subject matter must be “useful.” The
term “useful” in this connection refers to the condition that the
subject matter has a useful purpose and also includes operativeness,
that is, a machine which will not operate to perform the intended
purpose would not be called useful, and therefore would not be granted a
patent.
Interpretations of the statute by the courts have defined the limits of
the field of subject matter which can be patented, thus it has been held
that the laws of nature, physical phenomena and abstract ideas are not
patentable subject matter.
A patent cannot be obtained upon a mere idea or suggestion. The patent
is granted upon the new machine, manufacture, etc., as has been said,
and not upon the idea or suggestion of the new machine. A complete
description of the actual machine or other subject matter for which a
patent is sought is required.