Composition of matter in the context of "Method (patent)"

⭐ In the context of United States patent law, a 'method' is distinguished from a 'process' primarily by how it relates to the overall patentable subject matter?

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⭐ Core Definition: Composition of matter

In United States patent law, a composition of matter is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), a machine, and an article of manufacture. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts").

The United States Supreme Court has defined "composition of matter" to mean "all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids." That definition is problematic, however, because composite articles can be articles of manufacture—as in the case of a piece of plywood, a concrete sidewalk, a road, a fibreglass bathtub, a (kitchen) countertop, or a flitch beam.

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👉 Composition of matter in the context of Method (patent)

In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a manufacture), and a composition of matter.

In that context, a method is a series of steps for performing a function or accomplishing a result. While the terms method and process are largely interchangeable, method usually refers to a way to use a product to accomplish a given result, and process usually refers to a series of steps in manufacture. Thus, one might speak about a method for curing headaches that comprises the administration of a therapeutically effective dose of aspirin, or speak about a process for making soap or candles.

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Composition of matter in the context of Machine (patent)

In United States patent law, a machine is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), an article of manufacture (also termed a manufacture), and a composition of matter. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts").

In In re Nuitjen, 500 F.3d 1346 (Fed. Cir. 2007), the United States Court of Appeals for the Federal Circuit said:

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Composition of matter in the context of Article of manufacture

In United States patent law, an article of manufacture (also termed a manufacture) is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), a machine, and a composition of matter. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts").

In In re Nuitjen, the United States Court of Appeals for the Federal Circuit said:

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← Method (patent) ← Machine (patent) ← Article of manufacture
LINKS TO (CHILDREN)
United States patent law → Method (patent) → Machine (patent) → Article of manufacture → United States Supreme Court → Flitch beam →