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Patentable subject matter

Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.

The problem of patentable subject matter arises usually in cases of biological and software inventions, and much less frequently in other areas of technology.

Computer programs and the Patent Cooperation Treaty

Software patents under the European Patent Convention

Software patents under TRIPs Agreement

Software patents under United Kingdom patent law

Peter Mole, Economics, ethics and the subject-matter definition of the EPC, The Journal, April 2003

CIPA

Emir Crowne, (September 3, 2009). Richmond Journal of Law and Technology, Vol. 15, No. 2, 2008.

What is an Invention? A Review of the Literature on Patentable Subject Matter

Justine Pila, The Requirement for an Invention in Patent Law, Oxford University Press, 2010,  978-0-19-929694-1

ISBN

Emir Crowne, (June 19, 2011). John Marshall Review of Intellectual Property Law, Vol. 10, No. 4, p. 753, 2011.

The Utilitarian Fruits Approach to Justifying Patentable Subject Matter

Stephen Ornes, , New Scientist, 18 March 2013

Should business be allowed to patent mathematics?

Matthieu Dhenne, (June 30, 2020). or http://dx.doi.org/10.2139/ssrn.3639200.

Technical Character in European Patent Law

Ex parte Lundgren (U.S. Board of Patent Appeals and Interferences, October 2005), especially the dissent of Judge Barrett, which contains a lengthy presentation of statutory subject matter following page 19.

Typepad.com

UK Patent Office Manual of Patent Practice section on patentability.

Patent.gov