What is the “Composition of Matter” category for patentable inventions?

A composition of matter is one of the four general categories of patentable inventions, as defined by the United States Patent and Trademark Office. The term “composition of matter”, as it relates to patent law, describes any new or non-obvious chemical composition. The development of a new chemical compound would fall under this category, as well as certain mixtures of ingredients. Patents may be granted for a composition of matter claim on the basis of the particular constituents of that material or the amounts of such constituents. Patent protection for a composition of matter relies heavily on evidence proving that the invention achieves at least an unexpected, yet beneficial resulting characteristic.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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