II. PATENTABLE SUBJECT MATTERA. Section 101: Whoever invents or discovers a new and useful1. process,2. machine,3. composition of matter, OR4. any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.B. Issue: How much intell. propl should someone be allowed to own?1. Fairness dictates that one should not get more than one deserves.2. Interests Involved:a. Patentee -- wants broadest possible claimb. Potential Infringer -- wants notice as to what boundaries are.c. Society as a whole -- wants to encourage invention but not give away the store.C. SCOPE OF PATENTABLE SUBJECT MATTER1. Rule (In re. Bergy): Cannot patent:a.principles or laws of natureb.mental processesc.intellectual concepts, ideasd.natural phenomenae.mathematical formulaef.methods of calculationg.fundamental truthsh.original causes, motivesi.computer-implementable method claims of BensonBut, In re Bergyheld that living microorganisms were within the terms "manufacture" and "composition of matter" in Sec. 101, and were "more akin to inanimate chemical compositions such as reactants, reagents, and catalysts than they are to horses and roses."2. O'Reilly v. Morse a. Process claim held too broad. Morse attempted exclusive right to every improvement where the motive power is electricity and the result is the printing of characters at a distance.D. PATENTABILITY OF NATURAL PHENOMENA1. RULE - Cannot patent the discovery of natural phenomena. If there is to be invention from such a discovery, it must come from the application of the law of nature to a new and useful end. (Funk Bros, v. Kalo, p. 122)2. Bacteria-- Diamond v. Chakrabarty(p.113) ·Ct. held patentable live, human-made microorganism.