Machine (patent)
Encyclopedia
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:
To this it might be added that the parts must interact (usually dynamically) with one another, for otherwise they might be parts of an article of manufacture
. It has been considered grounds for rejecting or invalidating a machine claim as being directed to a "mere aggregation" if the parts were merely associated with one another without interacting functionally. An illustration of a mere aggregation would be the "combination" of a bathtub and a pencil sharpener. More recently, the "mere aggregation" ground of invalidity for a machine claim has been subsumed under obviousness.
Examples of machines are steam engines, sewing machines, and TV sets. Electronic circuits have usually been considered machines, although they may lack moving parts.
United States patent law
United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided by the United States Constitution. Congress implemented these...
, 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
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. The other three are a machine, an article of manufacture , and a composition of matter....
), an article of manufacture
Article of manufacture
In United States patent law, an article of manufacture is one of the four principal categories of things that may be patented. The other three are a process , a machine, and a composition of matter...
(also termed a manufacture), and a composition of matter
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 , 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").
In In re Nuitjen, 500 F.3d 1346 (Fed. Cir. 2007), the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
for the Federal Circuit said:
The Supreme Court has defined the term "machine" as "a concrete thing, consisting of parts, or of certain devices and combination of devices." Burr v. Duryee, 68 U.S. (1 Wall.) 531, 570 (1863). This "includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result." Corning v. Burden, 56 U.S. 252, 267 (1854).
To this it might be added that the parts must interact (usually dynamically) with one another, for otherwise they might be parts of an article of manufacture
Article of manufacture
In United States patent law, an article of manufacture is one of the four principal categories of things that may be patented. The other three are a process , a machine, and a composition of matter...
. It has been considered grounds for rejecting or invalidating a machine claim as being directed to a "mere aggregation" if the parts were merely associated with one another without interacting functionally. An illustration of a mere aggregation would be the "combination" of a bathtub and a pencil sharpener. More recently, the "mere aggregation" ground of invalidity for a machine claim has been subsumed under obviousness.
Examples of machines are steam engines, sewing machines, and TV sets. Electronic circuits have usually been considered machines, although they may lack moving parts.
See also
- Machine-or-transformation testMachine-or-transformation testIn United States patent law, the machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies to be considered for patenting if it is implemented with a particular machine, that is, one specifically devised and adapted to carry out the process in a way...
-- test of patent-eligibility requiring transformation of article or implementation with "particular machine"