Chapter 4: Patent-eligibility
The constitutional guarantee, by virtue of Article 1, Section 8, Clause 8, of the Constitution of the United States, provides that ‘Congress shall have the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’ In furtherance of this clause, Congress enacted the Patent Act and established the US Patent and Trademark Office (USPTO). To this end, section 101 of the Patent Act, 35 USC, relating to inventions patentable, provides that ‘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.’ Since the claims at issue in this book are all methods or process claims, it is important to state the statutory definition of ‘process’ in section 100(b): ‘The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.’
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