35 USC 101

Question 1

Four Requirements for Patentabilty

Answer 1

1. Only one patent per invention
2. Inventor(s) must be identified
   Pre-Sept. 16, 2012 the inventor = applicant
3. Claimed invention must be eligible for patenting
4. Must be useful or have utility (specific, substantial, credible)

Question 2

Utility Categories

Four

Answer 2

1. Machines
2. Manufactures
3. Compositions of Matter
4. Processes (methods or steps)

Question 3

What Living Matter is Patentable?

Answer 3

1. Genetically modified creature (oil spill eating bacteria)
2. Transgenic animals

Excludes Human organisms

Question 4

Subject Matter Eligibility Requires:

Answer 4

1. Claimed Invention must be directed to one of the four statutory categories
2. Claimed invention just NOT be directed to subject matter encompassing judicially recognized exceptions*:
   Abstract Ideas
   Laws of Nature
   Natural Phenomena

*(unless limitations amount to more than just the exception)

Question 5

Utility Requirement is met when:

Answer 5

1. Practical utility or specific utility, w/o undue experimentation
2. Drugs are relevant to asserted therapeutic uses, if reasonably correlated
3. Broadest reasonable interpretation (can amend and BOD toward plain meaning to POSA
4. Product-By-Process claims - unless obvious from prior art
5. Apparatus & Article Claims - Features may be recited structurally or functionally (what it is, not what it does)