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Section 35 USC 101 defines patentable subject matter as follows:* "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 therefore, subject to the conditions and requirements of this title."*
Therefore, any new and useful process, machine, manufacture, or composition of matter, or improvements of these, are all patentable. As you can imagine, 35 USC 101 covers a great deal, and it is sometimes easier to think of the things that aren't patentable. These include, but are not limited to: abstract ideas, algorithms, natural phenomenon, literary works, compilations of data, legal documents, forms of energy, and signals. There are exceptions to these rules. A computer program is technically nothing more than computer code. The computer program, then, is not patentable by itself. However, it is possible to patent a computer program so long as it is stored on a computer-readable medium or stored on a machine which executes that code.
Therefore, any new and useful process, machine, manufacture, or composition of matter, or improvements of these, are all patentable. As you can imagine, 35 USC 101 covers a great deal, and it is sometimes easier to think of the things that aren't patentable. These include, but are not limited to: abstract ideas, algorithms, natural phenomenon, literary works, compilations of data, legal documents, forms of energy, and signals. There are exceptions to these rules. A computer program is technically nothing more than computer code. The computer program, then, is not patentable by itself. However, it is possible to patent a computer program so long as it is stored on a computer-readable medium or stored on a machine which executes that code.
Answer Applies to: California
Replied: 6/30/2010



