Composition of matter patent claims list the chemical ingredients (compounds, elements or radicals) making up the composition or compound. The ingredients or elements may be claimed narrowly (specific named components), with intermediate scope (a group of similar elements functionally equivalent), or broadly as to function performed, where the prior art permits.
The Manual of Patent Examining Procedure used by patent examiners at the USPTO notes:
A composition of matter is a “combination of two or more substances and includes all composite articles.” Digitech, 758 F.3d at 1348-49, 111 USPQ2d at 1719 (citation omitted). This category includes all compositions of two or more substances and all composite articles, “’whether they be the results of chemical union or of mechanical mixture, or whether they be gases, fluids, powders or solids.’” Chakrabarty, 447 U.S. at 308, 206 USPQ at 197 (quoting Shell Dev. Co. v. Watson, 149 F. Supp. 279, 280 (D.D.C. 1957); id. at 310 holding genetically modified microorganism to be a manufacture or composition of matter).USPTO MPEP, Section 2106.03 Eligibility Step 1: The Four Categories of Statutory Subject Matter
Example Patent Claiming Composition of Matter
Consequently, where necessary to novelty, etc., the proportions or other conditions or parameters of the composition of matter are stated, usually in ranges of concentration of ingredients. The intended use for the substance (welding, combustion) may or may not be stated in the patent claim preamble.
Some Exemplary Patents We Obtained in this Field
|Substrate-mimetic Akt inhibitor||Yale University|
University of South Florida
|US9878999B2||Proteasome chymotrypsin-like inhibition using PI-1833 analogs||H Lee Moffitt Cancer Center and Research Institute Inc||2018-01-30|
|US10000531B2||Gamma-AA-peptide STAT3/DNA inhibitors and methods of use||University of South Florida; |
H Lee Moffitt Cancer Center and Research Institute Inc