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'''Patentable subject matter''' is the patentability [[criterion]] which defines the ''types'' of innovation that can be patented.  The goal of anti-[[software patents|software-patent]] campaigns is to have definitions of patentable subject matter clearly exclude software ideas.

For discussion of abolishing software patents in this way, see '''[[Exclude software from patentability]]'''.

In the [[USA]] and [[EU]], when the context makes it obvious that patents are the topic, this is sometimes called '''statuary subject matter'''.

For example, in all or most countries, mathematical formulas are considered not to be patentable subject matter.  Therefore, even if a mathematical formula fulfils the other [[criteria]] (it's new, it's original, it's useful), it cannot be patented.  This is the basis of the interest in [[software is math]] arguments.

==Where is it defined?==

In most of [[Europe]], patentable subject matter is defined by the [[European Patent Convention]].

In the USA, it's section §101 of [[Legislation in the USA|the legislation]].

==Related pages on {{SITENAME}}==

* [[Software is math]] - math is generally considered non-patentable
* [[Storyline and fashion patents]]
* [[Choose your words]] - with suggestions for how to define patentable subject matter
* [[Criteria for patentability]]
* [[How other domains are excluded from patentability]]
* [[Technical solutions, not technical problems]]

==External links==
* [http://en.wikipedia.org/wiki/Patentable_subject_matter Wikipedia: Patentable subject matter]

===Per-country explanations===

* [[EU]]: [https://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar52.html The European Patent Convention]
* [[USA]]: [http://patentlaw.typepad.com/patent/lundgren.doc See opinion by dissenting Judge Barrett]
* [[UK]]: [http://www.patent.gov.uk/patent/reference/mpp/ss1-6.pdf UKIPO's patents manual]


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