Overcoming The Challenges Of US Patent Eligibility For Nature-Based Elements

Applicants face tough scrutiny for claims around the laws of nature, but details of new processes, steps or guidance can help patents pass the courts' two-step test, says Michael Taylor of Harness IP.

In the US, the legal framework concerning the granting of a US patent essentially starts with 35 USC §101. This statute outlines patentable subject matter and states, "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..."

In the not-too-distant past, many patents did not seem to be impeded by this hurdle. For example, according to analytics firm Lex Machina, in the 12 years from January 2000 through December 2011, there were 61 cases in the federal district courts that found patents invalid for §101 subject matter reasons.