35 U.S.C. § 101
Section 101 · Inventions patentable
Amended 1 time on record
Applied in 1,492 court decisions — leading case Kewanee Oil Co. v. Bicron Corp. (1974)
Most recently applied in United Services Automobile Association v. Pnc Bank N.A. (June 2025)
Applied most in the Federal Circuit Circuit (157 decisions)
Cases citing this section usually also cite 35 U.S.C. § 103 · 35 U.S.C. § 112 · 35 U.S.C. § 102
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §31 (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, §1, 29 Stat. 692, (2) May 23, 1930, ch. 312, §1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212).
The corresponding section of existing statute is split into two sections, section 101 relating to the subject matter for which patents may be obtained, and section 102 defining statutory novelty and stating other conditions for patentability.
Section 101 follows the wording of the existing statute as to the subject matter for patents, except that reference to plant patents has been omitted for incorporation in section 301 and the word “art” has been replaced by “process”, which is defined in section 100. The word “art” in the corresponding section of the existing statute has a different meaning than the same word as used in other places in the statute; it has been interpreted by the courts as being practically synonymous with process or method. “Process” has been used as its meaning is more readily grasped than “art” as interpreted, and the definition in section 100(b) makes it clear that “process or method” is meant. The remainder of the definition clarifies the status of processes or methods which involve merely the new use of a known process, machine, manufacture, composition of matter, or material; they are processes or methods under the statute and may be patented provided the conditions for patentability are satisfied.
Cross References
Design patents, see section 171 et seq. of this title.
Issue of patent generally, see section 151 et seq. of this title.
Plant patents, see section 161 et seq. of this title.