Legislation in the USA
Contents
Relevant parts of US Code
USC 101
Statutory categories (patentable subject matter), which says:[1]
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 [35 USCS Sects. 1 et seq.].
The word "process" was added in the 1950s. Most software patents and business methods are claimed as a "process" (example: Bilksi) but some are claimed as a "machine" (example: State Street).
USC 102
About prior art.
http://www.patentlyo.com/patent/2008/10/bpai-under-102e.html
USC 103
Nonobviousness analysis.
(see patently-o's discussion of nonobvious and anticipated)
USC 273
About "prior user rights for business methods".
USC 284
USC 285
Attorney fees
USC 287(c)
Medical activities exempted from remedies - or patentable but the doctor isn't liable.