Method (patent)
Encyclopedia
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
(also termed a manufacture), and a composition of matter
.
In that context, a method is a process, or series of steps or acts, for performing a function or accomplishing a result. The terms are largely interchangeable, but "process" usually refers to a manufacturing process—a series of steps for making something, while a "method" usually refers to a way of using a product to accomplish a given result. Thus, one might speak of a process for making soap or candles, or speak of a method for curing headaches comprising administering a therapeutically effective dosage of aspirin.
Not all methods, in the dictionary sense, are methods for purposes of United States patent law. The case law
"forecloses a purely literal reading of § 101." The concept is elaborated in the article Machine-or-transformation test
.
A method patent claim is only infringed when a single person or entity practices all claimed steps. Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to perform all the steps together.
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 method, also called "process", is one of the four principal categories of things that may be patented. The other three are a machine
Machine (patent)
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 , 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 that context, a method is a process, or series of steps or acts, for performing a function or accomplishing a result. The terms are largely interchangeable, but "process" usually refers to a manufacturing process—a series of steps for making something, while a "method" usually refers to a way of using a product to accomplish a given result. Thus, one might speak of a process for making soap or candles, or speak of a method for curing headaches comprising administering a therapeutically effective dosage of aspirin.
Not all methods, in the dictionary sense, are methods for purposes of United States patent law. The case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
"forecloses a purely literal reading of § 101." The concept is elaborated in the article Machine-or-transformation test
Machine-or-transformation test
In 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...
.
A method patent claim is only infringed when a single person or entity practices all claimed steps. Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to perform all the steps together.