Amending 35 U.S.C. § 101

//Amending 35 U.S.C. § 101

Amending 35 U.S.C. § 101

Amending 35 U.S.C. § 101

RESOLVED, that IPO supports amending the legislative proposal adopted on 29 January 2017 on patent eligible subject matter under 35 U.S.C. § 101 to read as follows:


Whoever invents or discovers, and claims as an invention, any useful process, machine, manufacture, composition of matter, or any useful improvement thereof, shall be entitled to a patent therefor, subject only to the conditions and requirements set forth in this title.

(b) SOLE EXCEPTIONS TO SUBJECT MATTER ELIGIBILITY A claimed invention is ineligible under subsection (a) if and only if the claimed invention as a whole (i) exists in nature independently of and prior to any human activity or (ii) is performed solely in the human mind.

(c) SOLE ELIGIBILITY STANDARD The eligibility of a claimed invention under subsections (a) and (b) shall be determined without regard to:

(i) the requirements or conditions of sections 102, 103, and 112 of this title;

(ii) the manner in which the claimed invention was made or discovered; or

(iii) whether the claimed invention includes an inventive concept