35 U.S.C. § 101 — Inventions patentable (MPEP Coverage Index) — BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 101, including 597 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

35 U.S.C. 101 defines the fundamental legal criteria for determining which inventions can receive patent protection under United States law.

What this section covers

• Establishes the foundational legal standards for determining patent eligibility of inventions.
• Defines the statutory categories of patentable subject matter in U.S. patent law.

Key obligations

• Demonstrate that an invention must fall within a recognized statutory category to be patent eligible.
• Prove the invention has a specific, substantial, and credible utility.
• Ensure the invention is not an abstract idea, law of nature, or natural phenomenon without transformative elements.

Conditions and exceptions

• Recognize that not all inventions are automatically patent eligible, even if novel and non-obvious.

Practice notes

• Carefully draft patent claims to clearly demonstrate the invention's practical application and technological contribution.
• Provide specific examples of how the invention solves a technical problem or provides a concrete benefit.

Pending USPTO Updates

USPTO lists the following post-January 31, 2024 publications as updates not yet incorporated into the current MPEP revision. BlueIron has reviewed the linked USPTO source documents and cross-referenced these updates by affected topic, citation, and identified MPEP target when stated by USPTO. USPTO Subsequent Publications

• Supersedes Advance notice of change to the MPEP in light of Ex Parte Desjardins
  Memorandum to the Examining Corps | 2025-12-05
  USPTO source document
  35 U.S.C. 101
  Identified USPTO change targets:

  • MPEP section: 2106.04(d) – Add subsection III discussion of Ex Parte Desjardins on technological improvement for subject matter eligibility.
  • MPEP section: 2106.04(d)(1) – Revise the second and last paragraphs addressing technological-improvement analysis.
  • MPEP section: 2106.05(a) – Revise the fourth and fifth paragraphs and add examples xiii and xiv in subsection I.
  • MPEP section: 2106.05(f) – Revise the ninth paragraph addressing the relationship between extra-solution activity and technological improvement.
• 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence
  Federal Register examination guidance and memorandum | 2024-07-17 | 89 FR 58128; Memorandum to the Examining Corps, July 16, 2024
  USPTO source document
  35 U.S.C. 101
• Reminders on evaluating subject matter eligibility of claims under 35 U.S.C. 101
  Memorandum to the Examining Corps | 2025-08-04
  USPTO source document
  35 U.S.C. 101
• Revised Inventorship Guidance for AI-Assisted Inventions
  Federal Register examination guidance | 2025-11-28 | 90 FR 54636
  USPTO source document
  35 U.S.C. 101; 35 U.S.C. 115
• Subject Matter Eligibility Declarations
  Memorandum to the Examining Corps | 2025-12-04
  USPTO source document
  35 U.S.C. 101; 37 CFR 1.132
• Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs)
  Memorandum | 2026-04-30
  USPTO source document
  35 U.S.C. 101; 37 CFR 1.132