What qualifies as patentable subject matter? In theory, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” qualifies for patent protection. According to the Supreme Court, 35 U.S.C. § 101 essentially allows a person to receive a patent for any man-made invention.

However, while § 101 may act as a “coarse eligibility filter,” it is not without boundaries. Unfortunately, the courts have struggled to identify those boundaries. As a consequence, challenges to patentability under § 101 are becoming frequent. Thus, the “murky morass that is § 101 jurisprudence” can pose a significant problem for patentees.