35 U.S.C. §101

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35 U.S.C. §101

35 U.S.C. § 101 sets forth the "subject matter" requirement as an initial threshold to patentability, which states that any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof may qualify for a patent. Over time, the courts have interpreted these categories to exclude  three judicial exceptions, including: laws of nature, natural phenomena, and abstract ideas. Practically speaking, generally if an invention falls under one of the categories, and does not fall into a judicial exception, then it passes the 101 test.