Credit: nikomsolftwaer/Adobe Stock Chemical Reactions as Laws of Nature: Will 'American Axle' Apply to Chemical and Biotech Process Claims?
'American Axle' could give rise to arguments that claims to processes of manufacturing chemical or biological compositions are not patent-eligible subject matter because they inherently require the use of natural laws or, if a mathematical equation explains the reaction, an abstract idea.
October 13, 2022 at 10:00 AM
8 minute read
Reading the constitutional and statutory definitions of patentable subject matter, it would seem that you could patent almost anything. The Constitution gives Congress the power to grant "inventors the exclusive right to their … discoveries." The most recent provision by Congress on patentable subject matter, 35 U.S.C. §101, enacted in 1952, allows a patent to be obtained on "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
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