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Composition of matter

In United States patent law, a composition of matter constitutes one of the four statutory categories of patentable subject matter under 35 U.S.C. § 101, alongside processes, machines, and manufactures, permitting protection for new and useful inventions comprising combinations of two or more substances or composite articles that do not occur in nature.^[1]^[2] This category broadly encompasses chemical compounds, mixtures, formulations, and even biologically engineered entities, provided they exhibit novelty, non-obviousness, and utility beyond naturally occurring phenomena.^[2] The U.S. Supreme Court has interpreted the term expansively, ruling in Diamond v. Chakrabarty (1980) that a human-made, genetically altered bacterium capable of degrading hydrocarbons qualifies as a patentable composition of matter, thereby extending eligibility to non-naturally occurring microorganisms and underscoring the congressional intent to promote innovation in synthetic biology and chemistry.^[3] Key applications include pharmaceutical drugs, advanced materials, and alloys, though eligibility remains subject to scrutiny under subsequent precedents like Mayo Collaborative Services v. Prometheus Laboratories (2012) to exclude claims merely reciting laws of nature or natural products without transformative human intervention.^[2] Controversies persist regarding the precise boundaries, particularly for isolated natural substances or data-encoded compositions, as evidenced in Federal Circuit rulings such as US Synthetic Corp. v. ITC (2025), which affirmed eligibility for structurally distinct synthetic diamonds while rejecting abstract integrations.^[4] Overall, compositions of matter drive significant economic value in industries reliant on proprietary formulations, with patents enabling exclusive rights to exclude others from making, using, or selling the invention for up to 20 years.^[5]

Fundamental Scientific Classification

Pure Substances

A pure substance consists of a single type of matter with uniform composition and fixed physical and chemical properties throughout the sample, extending to the molecular level.^[6]^[7] Such substances cannot be separated by physical means into components exhibiting different properties, distinguishing them from mixtures where composition varies.^[8] Pure substances are classified into two categories: elements and compounds. Elements represent the simplest form, comprising atoms of one type, such as oxygen (O), gold (Au), or copper (Cu), which cannot be decomposed further by chemical means.^[9] Compounds, by contrast, form from two or more elements chemically bonded in fixed ratios, yielding distinct properties from their constituents, as in water (H₂O, two hydrogen atoms to one oxygen) or sodium chloride (NaCl, one sodium to one chlorine).^[8]^[10] Key properties include sharp melting and boiling points under standard conditions, due to uniform intermolecular forces, and homogeneity that persists across samples.^[8] For instance, pure water melts at 0°C and boils at 100°C at 1 atm pressure, with deviations indicating impurities.^[7] These traits enable precise identification and purification techniques like distillation or crystallization, which exploit differences in volatility or solubility absent in pure forms.^[6] In contrast to mixtures, pure substances exhibit invariant ratios and behaviors predictable from atomic structure, underpinning much of chemical analysis and synthesis.^[8]

Mixtures

A mixture consists of two or more substances physically combined but not chemically bonded, resulting in a material with variable composition where each component retains its individual chemical identity and properties.^[11] Unlike pure substances, which have fixed ratios and uniform properties, mixtures allow proportions of components to vary without altering their molecular structure, and they can be separated into their constituents by physical processes rather than chemical reactions.^[12] This classification arises from empirical observations in chemistry, where mixtures exhibit additive behaviors based on the independent contributions of their parts, without forming new substances.^[11] Mixtures are categorized into homogeneous and heterogeneous types based on the uniformity of their composition at the macroscopic level. Homogeneous mixtures, also known as solutions, have a uniform distribution of components throughout, appearing as a single phase; examples include seawater, where sodium chloride is dissolved evenly in water (approximately 3.5% by mass), and air, comprising about 78% nitrogen, 21% oxygen, and trace gases uniformly mixed./01:_Chemistry/1.05:_Classification_of_Matter) Heterogeneous mixtures, by contrast, display distinct phases or non-uniform composition visible to the naked eye or under magnification; common examples are granite rock, with separable crystals of quartz, feldspar, and mica, and sand mixed with water, where particles settle due to density differences./01:_Chemistry/1.05:_Classification_of_Matter) Colloids represent an intermediate category, such as milk (fat globules dispersed in water), where particles are suspended but do not settle quickly.^[13] Key properties of mixtures include the absence of fixed melting or boiling points, as these depend on the proportions and interactions of components, and the ability to separate them via physical methods exploiting differences in physical properties like solubility, density, or volatility.^[12] For heterogeneous mixtures, techniques such as filtration (separating solids from liquids via a porous barrier) or magnetic separation (for ferromagnetic particles) are effective; for instance, iron filings can be isolated from sulfur powder using a magnet./02:_Matter_and_Change/2.10:_Separating_Mixtures) Homogeneous mixtures often require distillation, which leverages boiling point differences—e.g., separating ethanol (boiling point 78.4°C) from water (100°C) in alcoholic beverages—or chromatography, which sorts components by differential adsorption on a stationary phase, as used in analyzing ink dyes./02:_Matter_and_Change/2.10:_Separating_Mixtures) These methods confirm the non-chemical nature of mixtures, as no bonds are broken, aligning with causal principles where separation reverses mechanical mixing without energy input for reaction.^[11]

Atomic and Molecular Level

Elements and Compounds

A chemical element is defined as a pure chemical substance consisting of atoms that all possess the same atomic number, which is the number of protons in the nucleus.^[14] Elements represent the fundamental building blocks of matter and cannot be decomposed into simpler substances by chemical reactions, as their atoms are chemically indivisible under ordinary conditions.^[15] As of 2025, 118 chemical elements have been identified and officially named by the International Union of Pure and Applied Chemistry (IUPAC), with 94 occurring naturally on Earth and the remainder synthesized in laboratories through nuclear reactions.^[16] ^[17] Elements exist in various atomic forms, including diatomic molecules like oxygen (O₂) or metallic lattices like iron (Fe), but all share the property of compositional homogeneity at the atomic level, meaning only one type of atom is present.^[14] Their physical and chemical properties—such as melting points, reactivity, and density—are determined by the electronic configuration of their atoms, leading to distinct behaviors; for instance, helium (He, atomic number 2) is a noble gas inert under standard conditions due to its filled electron shell, while sodium (Na, atomic number 11) is a highly reactive alkali metal that explodes in water.^[18] A chemical compound, in contrast, is a substance formed by the chemical combination of two or more different elements in fixed, stoichiometric ratios, resulting in a material of constant composition that can be decomposed back into its constituent elements by chemical means.^[19] Compounds exhibit properties entirely distinct from those of their elements; water (H₂O), for example, is a liquid at room temperature with high specific heat capacity, unlike the gaseous hydrogen (H₂) and solid oxygen (O₂) from which it forms.^[20] At the atomic and molecular level, compounds consist of discrete molecules (e.g., covalent bonds in methane, CH₄) or extended ionic lattices (e.g., sodium chloride, NaCl), where atoms are linked by chemical bonds that dictate the compound's stability and reactivity.^[21] The key distinction lies in decomposability and atomic diversity: elements resist chemical breakdown into simpler forms, whereas compounds yield their elements upon electrolysis, combustion, or other reactions, reflecting the bonds that integrate disparate atomic species into a unified structure.^[18] ^[22] This uniformity in compounds ensures reproducible properties, such as the fixed 1:1 ratio of sodium to chlorine ions in NaCl crystals, enabling precise prediction of behavior in reactions.^[19] Both elements and compounds qualify as pure substances in the classification of matter, contrasting with mixtures by their inability to be separated by physical means alone.^[21]

States of Matter and Phase Transitions

Matter assumes distinct states based on the kinetic energy of its constituent particles and the intermolecular forces acting between them, which are influenced by the substance's atomic or molecular composition. These states determine macroscopic properties such as shape, volume, and compressibility. The classical states—solid, liquid, and gas—arise from varying degrees of particle mobility: in solids, particles are tightly packed in a fixed lattice with minimal movement limited to vibrations; in liquids, particles maintain close proximity but can slide past one another, allowing flow; and in gases, particles are widely separated and move independently at high speeds, filling available space.^[23]^[24] A fourth classical state, plasma, occurs when sufficient energy ionizes atoms, freeing electrons and creating a mixture of charged particles that conducts electricity and responds to electromagnetic fields, as observed in stars and lightning.^[25] The transition between states, known as phase transitions, occurs when external conditions like temperature or pressure alter the balance between kinetic energy and intermolecular attractions, leading to abrupt changes in properties such as density or entropy. First-order phase transitions, including melting (solid to liquid), vaporization (liquid to gas), and sublimation (solid to gas), involve discontinuous changes in the first derivative of the Gibbs free energy (e.g., volume or entropy) and require latent heat absorption or release without temperature change during the process.^[26]^[27] In contrast, second-order transitions, such as certain magnetic or superconducting shifts, feature continuous first derivatives but discontinuous second derivatives (e.g., specific heat), without latent heat.^[26] The specific conditions for these transitions, like the melting point of water at 0°C under standard pressure, depend on the substance's molecular structure—covalent networks in diamond yield high melting points due to strong bonds, while van der Waals forces in noble gases result in low ones.^[28] At the atomic and molecular level, composition dictates state stability through bonding types: ionic compounds often form brittle solids at room temperature due to electrostatic lattices, while nonpolar molecular compounds like methane exist as gases from weak dispersion forces. Phase diagrams map these transitions, plotting equilibrium lines for coexisting phases, with critical points marking the end of liquid-gas distinctions (e.g., water's at 374°C and 218 atm). Exotic states beyond the classical four, such as Bose-Einstein condensates formed at near-absolute zero temperatures where particles occupy the same quantum state, or fermionic condensates, emerge under extreme conditions but are less relevant to everyday compositions.^[29] These states and transitions underscore how a fixed chemical composition can exhibit variable physical behaviors, enabling applications from material design to thermodynamic modeling.^[23]

Historical Development

Early Conceptualizations

Empedocles, a pre-Socratic philosopher active around 494–434 BC, proposed that all matter derives from four indivisible "roots"—earth, air, fire, and water—which mix and unmix through cosmic forces he termed Love (attraction) and Strife (repulsion), explaining change without positing creation or destruction of substance.^[30] This elemental pluralism aimed to resolve earlier monistic views, such as Thales' water or Anaximenes' air as primary substance, by accommodating observed diversity in materials through combinations rather than transformations of a single archetype.^[31] Concurrently, in the mid-5th century BC, Leucippus and his student Democritus advanced atomism, asserting that matter consists of eternal, indivisible particles ("atomos") of varying shapes, sizes, and weights, eternally moving in an infinite void; differences in macroscopic substances arise solely from atomic configurations, collisions, and rearrangements, with no qualitative changes beyond mechanical interactions.^[32] This mechanistic framework rejected teleology and emphasized causality through contact and motion, though it remained untested speculation derived from thought experiments on divisibility paradoxes like Zeno's.^[33] Aristotle (384–322 BC) critiqued both pluralism and atomism as insufficiently accounting for qualitative properties and substantial change, instead positing four elements—earth, water, air, fire—differentiated by hot/cold and wet/dry qualities, convertible via alteration of those qualities; underlying all is prime matter, a pure potentiality devoid of form, actualized into substances through imposition of substantial form, yielding hylomorphic compounds where matter provides capacity and form actuality.^[34] His system, elaborated in works like Physics and On Generation and Corruption, dominated Western thought for centuries by integrating empirical observation of natural processes with metaphysical reasoning, though it conflated descriptive qualities with causal essences absent quantitative verification.^[31] These ancient theories, rooted in philosophical deduction rather than controlled experimentation, prioritized explanatory unity—whether through elements, atoms, or form-matter duality—over predictive mechanisms, foreshadowing later empirical refinements while highlighting tensions between continuity and discreteness in matter's structure.^[33] Parallel concepts appear in non-Greek traditions, such as the Indian Vaisheshika school's eternal atoms (paramanus) aggregated into dyads and triads around the 6th–2nd centuries BC, but Greek formulations exerted greater influence on subsequent European science.^[32]

Modern Atomic Theory

John Dalton proposed the foundational modern atomic theory in 1803, positing that all matter consists of indivisible and indestructible atoms, with atoms of the same element being identical in mass and properties while differing from those of other elements, and that chemical compounds form through atoms combining in simple fixed ratios by mass.^[35] This theory explained the law of definite proportions and conservation of mass, providing a mechanistic basis for the composition of elements and compounds as aggregates of these discrete particles.^[36] Although Dalton assumed atoms were uniform for each element, his model shifted chemistry from qualitative to quantitative analysis, enabling precise predictions about matter's composition. Subsequent experiments revealed atomic substructure, challenging strict indivisibility. J.J. Thomson's 1897 discovery of the electron and his 1904 "plum pudding" model depicted atoms as diffuse positive spheres embedded with negative electrons, accounting for electrical neutrality while maintaining atoms as fundamental units of matter.^[37] Ernest Rutherford's 1911 gold foil experiment, involving alpha particle scattering off thin gold foil, demonstrated that atoms possess a tiny, dense, positively charged nucleus surrounded by mostly empty space containing electrons, refuting the plum pudding model and establishing the nuclear atom as the core structural unit for elemental composition.^[38] Niels Bohr's 1913 model for the hydrogen atom introduced quantized electron orbits around the nucleus, reconciling Rutherford's structure with spectral line observations and explaining stable energy levels that determine chemical bonding and reactivity.^[39] Refinements in the 1910s and 1920s incorporated isotopes and quantum mechanics, enhancing understanding of compositional variations. Frederick Soddy's 1913 concept of isotopes revealed that atoms of the same element could have different masses due to varying nuclear composition while sharing identical chemical properties, thus explaining discrepancies in atomic weights and enabling isotopic analysis of matter's makeup.^[40] The development of quantum mechanics by Werner Heisenberg, Erwin Schrödinger, and others in 1925–1926 replaced fixed orbits with probabilistic electron wave functions and orbitals, providing a rigorous framework for electron configurations that dictate elemental periodicity, bonding, and molecular structures without altering the atom's role as the irreducible unit of ordinary chemical composition.^[41] This quantum description, while abstract, aligns with empirical data on atomic spectra and reactivity, confirming atoms' hierarchical structure—nucleus of protons and neutrons orbited by electrons—as the basis for matter's diverse compositions.

Patentable Inventions

Legal Definition and Criteria

In United States patent law, a composition of matter constitutes one of four statutory categories of patentable subject matter under 35 U.S.C. § 101, which permits patents for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."^[1] This category encompasses chemical compounds, mixtures of substances, and composite articles resulting from either chemical reactions or mechanical combinations, including gases, fluids, powders, or solids.^[2] The United States Patent and Trademark Office (USPTO) interprets compositions of matter broadly to include man-made materials not occurring in nature, such as synthetic polymers, pharmaceutical formulations, and genetically engineered biomolecules, provided they meet additional patentability requirements.^[2] Eligibility as a patentable composition of matter requires the invention to fall within the statutory category while avoiding judicial exceptions, including laws of nature, natural phenomena, and abstract ideas.^[2] Compositions identical to naturally occurring products, such as isolated DNA sequences without human-induced structural changes, are ineligible as they represent products of nature rather than inventive compositions. In contrast, the Supreme Court in Diamond v. Chakrabarty (1980) upheld patentability for a genetically modified bacterium, deeming it a non-naturally occurring manufacture or composition due to human intervention altering its genetic makeup.^[3] Post-Alice Corp. v. CLS Bank (2014) guidance from the USPTO applies a two-step test: first, determining if the claim is directed to a judicial exception; second, assessing whether additional elements transform it into a patent-eligible application with "significantly more" than the exception itself.^[2] Beyond subject matter eligibility, compositions of matter must satisfy utility (specific, substantial, and credible usefulness under 35 U.S.C. § 101), novelty (not anticipated by prior art under § 102), and non-obviousness (not an obvious variation to a person skilled in the art under § 103).^[42] Claims must also comply with enablement, written description, and definiteness requirements under 35 U.S.C. § 112, ensuring the specification teaches how to make and use the composition without undue experimentation.^[42] For instance, pharmaceutical compositions require evidence of unexpected benefits or synergistic effects to overcome obviousness rejections for combinations of known ingredients. These criteria collectively ensure that only inventive, human-engineered compositions receive protection, excluding mere discoveries of natural materials.^[2]

Historical Milestones in Patent Law

The statutory foundation for patenting compositions of matter in the United States emerged with the Patent Act of 1793, which explicitly listed "any new and useful art, machine, manufacture or composition of matter" as eligible for protection, subject to novelty and utility requirements.^[43] This provision, influenced by Thomas Jefferson's examination of early patent applications, distinguished patentable inventions from mere discoveries of natural principles and enabled claims on novel chemical mixtures and materials beyond mechanical devices.^[44] The Act's framework prioritized empirical utility, requiring inventors to demonstrate practical application rather than abstract theorizing. Subsequent legislation reinforced this category. The Patent Act of 1836 retained the "composition of matter" language while establishing a formal Patent Office with trained examiners to assess novelty and non-obviousness, facilitating the review of increasingly complex chemical inventions amid the Industrial Revolution's material innovations.^[45] By the late 19th century, courts interpreted compositions to exclude natural substances unchanged by human intervention, as in decisions emphasizing inventive transformation, though early chemical patents—such as those for synthetic dyes and alloys—were granted based on demonstrated new properties arising from synthesis.^[46] A pivotal clarification came in Perkins Glue Co. v. Holland Furniture Co. (1928), where the Supreme Court defined a patentable composition of matter as a combination of elements resulting in "properties possessed by none" of the components individually, thereby setting a threshold for chemical unions exhibiting emergent characteristics beyond routine mixing.^[47] This ruling addressed boundary disputes in industrial adhesives and compounds, prioritizing causal evidence of novelty over mere aggregation. The Plant Patent Act of 1930 marked an expansion by allowing patents on asexually reproduced plants as a distinct category, bridging compositions toward biological matter while excluding naturally occurring variants without human alteration.^[48] Chemical patenting advanced concurrently, with innovations like generic structural claims (e.g., Markush structures for dye classes) validated in the 1920s, enabling broader protection for homologous series of compounds.^[49] The Supreme Court's decision in Diamond v. Chakrabarty (1980) represented a landmark broadening, upholding a patent on a genetically engineered bacterium capable of degrading hydrocarbons, as a "non-naturally occurring manufacture or composition of matter" under 35 U.S.C. § 101.^[3] The 5-4 ruling rejected arguments confining patents to non-living matter, affirming that human intervention creating stable, non-native forms qualifies inventions for protection, provided they meet utility and enablement standards; this catalyzed biotechnology compositions while underscoring exclusions for laws of nature.^[3] These milestones collectively evolved patent law from rudimentary material claims to rigorous evaluation of transformative human contributions in matter's structure and function.

Biotech and Pharmaceutical Examples

In the biotechnology sector, a landmark case establishing the patentability of genetically modified organisms as compositions of matter was Diamond v. Chakrabarty (1980), where the U.S. Supreme Court upheld a patent for a bacterium engineered with plasmids enabling it to degrade hydrocarbons, ruling that "a live, human-made micro-organism is patentable subject matter under 35 U.S.C. § 101" as a product of human ingenuity rather than a naturally occurring phenomenon.^[3] This decision expanded patent eligibility to synthetic biological entities, facilitating subsequent inventions like recombinant DNA molecules and chimeric proteins, which qualify as novel compositions when they exhibit non-natural characteristics such as altered metabolic functions or stability.^[50] Monoclonal antibodies represent another key category of patentable biotech compositions, where isolated or engineered antibodies binding specific epitopes are protected if they demonstrate unexpected properties like enhanced affinity or reduced immunogenicity compared to prior art. For instance, U.S. Patent No. 8,008,449 covers human monoclonal antibodies targeting programmed death-1 (PD-1), a composition comprising heavy and light chain variable regions that inhibit PD-1 interaction with its ligands, enabling therapeutic applications in cancer immunotherapy.^[51] Similarly, patents for bispecific antibodies, such as those fusing distinct binding domains to engage dual targets, have been granted as compositions of matter when structural modifications confer novel functionality, as seen in approvals for antibodies against hematopoietic stem cell markers.^[52] In pharmaceuticals, composition of matter patents primarily protect novel chemical entities or formulations, such as new molecular scaffolds with unanticipated pharmacological activity; for example, the statin atorvastatin (Lipitor) was patented under claims covering its specific pyrrole-based structure and cholesterol-lowering efficacy derived from HMG-CoA reductase inhibition.^[53] Biologics like mRNA vaccines extend this to lipid nanoparticle-encapsulated synthetic RNAs encoding antigens, as in Moderna's foundational patents (e.g., U.S. Patent No. 10,898,600) claiming compositions of modified mRNA with open reading frames for spike proteins, stabilized by nucleoside alterations to evade immune degradation and enhance translation.^[54] Gene therapies, such as Luxturna (voretigene neparvovec), involve adeno-associated viral vectors packaging therapeutic DNA as a composition, patented for their recombinant capsid-genome configurations delivering functional RPE65 genes to retinal cells.^[55] CRISPR-Cas systems illustrate advanced biotech compositions, with U.S. Patent No. 8,697,359 claiming guide RNA-Cas9 ribonucleoprotein complexes as synthetic entities capable of targeted double-strand breaks in eukaryotic genomes, distinct from natural bacterial defense mechanisms due to engineered specificity and delivery modalities.^[56] These patents emphasize non-obvious modifications, such as truncated guides or high-fidelity variants, which reduce off-target effects and qualify as inventive compositions under utility requirements.^[57] Overall, such examples underscore that patentability hinges on demonstrating human intervention yielding unpredictable utility, as affirmed in post-Chakrabarty jurisprudence excluding mere isolations of natural products.^[58]

Controversies and Debates

Patenting Natural vs. Man-Made Compositions

In United States patent law, compositions of matter derived directly from nature, such as isolated natural products or phenomena, are generally ineligible for patent protection under 35 U.S.C. § 101, as they constitute unpatentable products of nature lacking the inventive transformation required for eligibility.^[2] This principle stems from the recognition that patenting such entities would preempt basic scientific facts rather than rewarding human ingenuity.^[59] In contrast, man-made compositions that exhibit markedly different characteristics from their natural counterparts—through processes like synthesis, genetic modification, or structural alteration—qualify as patentable inventions, provided they meet novelty, non-obviousness, and utility criteria.^[60] A landmark illustration of this distinction occurred in Diamond v. Chakrabarty (1980), where the Supreme Court upheld a patent for a genetically engineered bacterium capable of degrading crude oil components, deeming it a non-naturally occurring manufacture eligible under § 101 because it resulted from human intervention altering its genetic makeup beyond any natural analog.^[3] The Court emphasized that "anything under the sun that is made by man" falls within congressional intent for patentable subject matter, distinguishing artificial constructs from mere discoveries of existing phenomena.^[3] This ruling opened the door for biotechnology patents on modified living organisms, influencing subsequent approvals for genetically modified crops and microbes. Conversely, Association for Molecular Pathology v. Myriad Genetics, Inc. (2013) clarified limits on natural compositions, invalidating patents on isolated human DNA sequences corresponding to the BRCA1 and BRCA2 genes, as mere isolation did not confer eligibility despite purification efforts.^[59] The unanimous Court held that naturally occurring nucleic acids remain products of nature ineligible for monopoly, even when extracted from their cellular environment, to avoid hindering downstream research and applications.^[61] However, the decision affirmed eligibility for complementary DNA (cDNA), synthetically produced without introns, as its creation involved enzymatic conversion yielding a structure not found in nature.^[59] This nuanced outcome underscores that eligibility hinges on whether the composition's properties or structure demonstrably differ from natural forms due to inventive steps. United States Patent and Trademark Office (USPTO) guidelines, as outlined in the Manual of Patent Examining Procedure (MPEP § 2106), reinforce these precedents by directing examiners to assess whether claimed natural products are significantly altered—e.g., via chemical modification or novel combinations—to avoid § 101 rejections.^[60] Synthetically replicated compositions identical in structure and function to natural ones remain ineligible, while those with enhanced stability, bioavailability, or utility (as in pharmaceuticals) may qualify if the differences are not merely incidental.^[2] Post-Myriad, courts have applied a similar "markedly different characteristics" test to other natural extracts, such as purified plant alkaloids or minerals, often finding isolation insufficient without further inventive refinement.^[2] Debates persist over borderline cases, particularly in pharmaceuticals where semi-synthetic derivatives of natural compounds challenge eligibility boundaries; for instance, slight modifications to alkaloids like paclitaxel have sustained patents by demonstrating improved therapeutic profiles absent in raw isolates.^[2] Legislative proposals as recent as 2025 have sought to revisit gene patent restrictions by enabling claims on isolated natural DNA, arguing economic incentives for genomic research outweigh monopoly concerns, though no such changes have been enacted, preserving Myriad's framework.^[62] Internationally, jurisdictions like the European Patent Office impose stricter criteria, excluding all naturally occurring biological materials under Article 52 of the European Patent Convention, even if modified, highlighting variance in balancing innovation with public access. These distinctions ensure patents incentivize transformative inventions rather than commodify inherent natural resources.

Ethical and Economic Implications

Patenting compositions of matter, particularly in biotechnology and pharmaceuticals, raises ethical concerns over the commodification of naturally occurring substances. Critics argue that granting exclusive rights to isolated or purified natural products, such as DNA sequences or plant-derived compounds, treats elements of life as proprietary inventions akin to machines, potentially undermining the moral intuition that fundamental biological materials should remain part of the commons.^[63]^[64] In the 2013 Supreme Court decision Association for Molecular Pathology v. Myriad Genetics, isolated human DNA was ruled unpatentable as a product of nature, reflecting judicial recognition that mere isolation does not confer inventiveness sufficient to override ethical reservations about monopolizing genomic information essential for diagnostics and research.^[65] This contrasts with synthetic compositions, where ethical objections are muted, as human-engineered novelty justifies property claims; however, even here, patents on gene-editing tools like CRISPR have sparked debates over access equity, with developing nations' genetic resources often exploited without fair benefit-sharing.^[66] Such patents can exacerbate health disparities by restricting access to treatments derived from patented compositions. For instance, gene patents historically limited research and clinical testing, delaying therapies and inflating costs for patients in low-income regions, as seen in pre-Myriad restrictions on BRCA testing for breast cancer risk.^[67] Ethicists contend this prioritizes corporate control over public welfare, echoing broader critiques of biopatents as endorsing a reductionist view of life that ignores intrinsic value beyond utility.^[68] Proponents counter that ethical frameworks justifying property rights extend to intellectual creations, including bioengineered compositions, to prevent free-riding on costly discoveries.^[64] Economically, composition of matter patents provide robust incentives for pharmaceutical innovation by enabling recovery of substantial R&D investments, estimated at $1-2 billion per new drug, through temporary market exclusivity.^[69] In the U.S., these patents—often the strongest form of protection—underpin a system where originators recoup costs via premium pricing, fostering advancements like novel small-molecule drugs.^[70] However, this monopoly power contributes to elevated drug prices; empirical studies show prices can remain 6.6 to 66% higher 1-5 years post-patent expiry due to lingering barriers or secondary patents, with generic entry typically reducing costs by 80-90% thereafter.^[71]^[72] Strategic extensions via secondary patents on formulations or methods—often layered atop core composition claims—prolong exclusivity, delaying competition and sustaining high prices, as evidenced in cases where "evergreening" tactics block generics for blockbuster drugs like statins.^[73] While patents correlate with increased R&D spending, some analyses indicate stronger protections may reduce overall innovation rates in crowded therapeutic areas by entrenching incumbents, though they undeniably boost discoveries in high-risk fields like oncology.^[74]^[75] This tension manifests in global inequities, where patent enforcement in developing markets under TRIPS agreements has limited affordable access, prompting compulsory licensing in nations like India to balance innovation incentives against public health needs.^[76]

Recent Advances

Novel Materials and Nanocompositions

Novel materials encompass engineered substances with properties distinct from conventional bulk materials, often achieved through atomic or molecular-scale manipulation, enabling applications in electronics, energy storage, and biomedicine.^[77] Nanocomposites, a subset integrating nanomaterials such as nanoparticles, nanotubes, or graphene into matrices like polymers, ceramics, or metals, exhibit enhanced mechanical strength, thermal conductivity, and reactivity due to interfacial effects at the nanoscale.^[78] These compositions qualify as patentable matter when demonstrating non-obvious novelty, as seen in USPTO grants for structures like carbonized hemp fillers in polymers, which improve tensile strength by up to 50% via pyrolysis at 800-1000°C.^[79] Recent advances include polymeric nanocomposites reinforced with carbon-based nanomaterials, such as graphene oxide or carbon nanotubes, which boost electrical conductivity for flexible electronics; for instance, epoxy composites with 1-2 wt% graphene achieve conductivities exceeding 10 S/m, surpassing pure polymers by orders of magnitude.^[78] In 2023, researchers developed CuS-PEI-ICG-FA nanocomposites for photothermal cancer therapy, leveraging copper sulfide nanoparticles conjugated with indocyanine green and folic acid for targeted near-infrared absorption, patented for enhanced specificity and stability in tumor ablation.^[80] Magnetic nanocomposites, incorporating iron oxide nanoparticles into porous carriers, have advanced pollutant adsorption; a 2024 study reported capacities of 200-300 mg/g for heavy metals like lead, attributed to high surface area exceeding 100 m²/g.^[81] Biodegradable nanomaterial compositions address environmental concerns, with 2025 patents covering lipid nanoparticles featuring hydrolyzable linkages for controlled drug release, reducing accumulation risks compared to persistent alternatives.^[82] Coral reef-like nickel phosphide-tungsten oxide nanocomposites, patented in 2024, catalyze electrochemical water splitting with overpotentials below 100 mV at 10 mA/cm², owing to synergistic phosphide-oxide interfaces that stabilize active sites under alkaline conditions.^[83] These developments underscore causal links between nanoscale architecture and macroscopic performance, though scalability challenges persist due to dispersion uniformity issues in industrial production.^[84] Patent scrutiny emphasizes utility over mere size reduction, rejecting claims lacking transformative properties, as nanoscale versions of known materials often fail obviousness thresholds without evidence of unexpected synergies.^[85]

Implications for Technology and Industry

Advances in novel materials and nanocompositions, often secured through composition of matter patents, enable enhanced functionalities such as superior strength, conductivity, and responsiveness, driving technological breakthroughs across sectors. In the semiconductor industry, patents on advanced materials have spurred a 35% increase in innovation filings over the past five years, facilitating the development of smaller, more efficient chips critical for AI and computing advancements.^[86] These protections incentivize research investments by granting exclusive rights, allowing firms to commercialize heterostructures and metamaterials that improve device performance and reduce energy consumption.^[87] ^[88] In energy technologies, nanocompositions like aerogels and phase-change materials enhance thermal storage and battery efficiency, supporting decarbonization efforts in buildings and renewables. Self-healing polymers and nanomaterials in construction materials, such as bacteria-embedded concrete, extend infrastructure lifespan and lower maintenance costs, with patents enabling scalable production and market entry.^[89] Industry-wide, these innovations foster licensing agreements and strategic portfolios, accelerating adoption in aerospace and electronics where high-strength composites replace traditional alloys.^[87] Economically, U.S. federal investments of approximately $38 billion in nanotechnology from 2001 to 2022 have generated $67-83 billion in annual revenues by 2022, alongside a 63% rise in employment from 17,800 jobs in 2002 to 29,000 in 2023, primarily in semiconductors, healthcare, and manufacturing. The global nanomaterials market, valued at around $16-19 billion in 2025, is projected to expand at a 15-20% CAGR to $68-117 billion by 2030-2035, signaling widespread industrial integration and new market creation in consumer goods and transportation.^[90] ^[91] ^[92] Patents mitigate competitive risks, promoting sustained R&D and cross-sector convergence, though they can temporarily limit access until expiration.^[87]

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chemical element (C01022) - IUPAC Gold Book
A pure chemical substance composed of atoms with the same number of protons in the atomic nucleus. Sometimes this concept is called the elementary substance as ...
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Chemical element | McGraw Hill's AccessScience
Key Concepts. A chemical element is a distinctive chemical entity consisting of atoms that all have the same atomic number, or number of protons.
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Chemical element | Definition, Origins, Distribution, & Facts | Britannica
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Question: How many elements on the periodic table? - scientist
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Elements, Compounds & Mixtures
consists of atoms of two or more different elements bound together, · can be broken down into a simpler type of matter (elements) by chemical means (but not by ...
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Compound vs Element - Difference and Comparison - Diffen
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3.4: Classifying Matter According to Its Composition
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Phases of Matter - NASA Glenn Research Center
Regardless of the type of molecule, matter normally exists as either a solid, a liquid, or a gas. We call this property of matter the phase of the matter. The ...
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Gases, Liquids, and Solids
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Plasma is a state of matter along with solids, liquids and gases. When a neutral gas is heated such that some of the electrons are freed from the atoms or ...
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Empedocles | Internet Encyclopedia of Philosophy
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Empedocles argued that all matter was composed of four elements: fire, air, water, and earth.
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John Dalton
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Chemical Measurements - HyperPhysics
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The Gold Foil Experiment (Ernest Rutherford)
In 1899 Ernest Rutherford studied the absorption of radioactivity by thin sheets of metal foil and found two components.
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Niels Bohr
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Soddy came to the conclusion that several substances with different radioactive properties and different atomic weights were chemically the same element.
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May 10, 2021 · 1790 | Congress passed the first patent statute in U.S. history on April 10. ... 1836 | The Patent Act of 1836 is signed into law on July 4. This ...
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[PDF] What Every Chemist Should Know About Patents
International patent databases contain records for over 70 million patent documents from 155 countries and regional patenting authorities. In the following ...
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[PDF] Diamond v. Chakrabarty: A Retrospective on 25 Years of Biotech ...
Diamond v. Chakrabarty ruled that live, man-made microorganisms are patentable, stating "anything under the sun that is made by man" is eligible for patenting.
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US8008449B2 - Human monoclonal antibodies to programmed ...
The present invention provides isolated monoclonal antibodies, particularly human monoclonal antibodies, that specifically bind to PD-1 with high affinity.
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Enhancing antibody patent protection using epitope mapping ... - NIH
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CRISPR-Cas systems and methods for altering expression of gene ...
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Intellia Therapeutics Announces Patent for CRISPR/Cas Genome ...
Jun 19, 2017 · Patent covers CRISPR/Cas9 gene editing methods and compositions for use in any setting, including human and other eukaryotic cells.
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Assoc. for Molecular Pathology v. Myriad Genetics, Inc.
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MPEP 2106.04(b) Laws of Nature, Natural Phenomena & Products ...
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[PDF] Association for Molecular Pathology v. Myriad Genetics, Inc., 569 ...
Held: A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because ...
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Tell Congress: Prioritize patients over gene patents
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What Are Gene Patents and Why Are People Worried about Them?
A patent grants to its owner the right to exclude others from making, using or selling a patented machine or composition of matter, or using a patented method, ...
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The Ethics of Patenting Genetic Sequences: Balancing Innovation ...
Jan 29, 2025 · This disparity raises significant ethical concerns regarding health equity and the exploitation of genetic resources from diverse populations.
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The Economics of Drug Discovery and the Impact of Patents
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Economic theory suggests that providing firms with monopoly rights via patents will result in price increases and an inefficiently low number of pharmaceuticals ...
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How Pharmaceutical Patents Contribute to Increased Drug Costs
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Strategic Patenting by Pharmaceutical Companies - NIH
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Do patents really foster innovation in the pharmaceutical sector ...
This first ensemble of experiments shows that stronger patents have a negative impact on innovation rates and new drug discoveries, while increasing prices and ...
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Patents: a necessary evil? - European Pharmaceutical Review
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[PDF] Patents, Monopoly Power, and the Pricing of Pharmaceuticals in ...
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Nanoscience in Action: Unveiling Emerging Trends in Materials and ...
Recent advances in drug delivery, materials science, and nanotechnol. are now being exploited to develop next-generation nanoparticle platforms to overcome ...
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A composite material comprising a polymer and a carbonized hemp filler, wherein the carbonized hemp filler is produced by carbonizing hemp at a temperature ...
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Latest Nanotechnology Patent Examples (2025) - PatentPC
In order to promote the photothermal performance, a CuS-PEI-ICG-FA nanocomposite was prepared. This NP is designed to add specificity and stability. A CuS ...
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Nanomaterials, Volume 15, Issue 18 (September-2 2025) – 76 articles
Magnetic nanocomposite adsorbents (MNAs) offer a promising solution. They combine magnetic nanoparticles with various carriers. This gives them high adsorption ...
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Nanomaterials comprising a biodegradable feature - Justia Patents
Apr 8, 2025 · The present disclosure describes compositions, preparations, nanoparticles (such as lipid nanoparticles), and/or nanomaterials and methods ...
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U.S. Patent for Coral reef-like nickel phosphide-tungsten oxide ...
The present invention also provides a catalyst for electrochemical water splitting including the coral reef-like nickel phosphide-tungsten oxide nanocomposite.
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The Global Semiconductor Patent Race: Who's Leading in Chip ...
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The Role of Patents in Advanced Materials Science - PatentPC
Sep 14, 2025 · Discover the importance of patents in driving innovations and protecting discoveries in advanced materials science.
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Mar 21, 2025 · Advances in computational design and simulation, 3D printing, lithography, and etching are enabling the fabrication of different metamaterials— ...
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[PDF] Economic Impact Analysis: 20 Years of Nanotechnology Investments
Nov 29, 2023 · Nanotechnology plays a vital role in the US economy currently, enabling innovation and creating significant impact across most sectors and ...
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Nanomaterials Market Size to Hit USD 79.36 Billion by 2034
Jun 30, 2025 · The global nanomaterials market size is estimated at USD 19.45 billion in 2025 and is predicted to reach around USD 79.36 billion by 2034, ...
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Nanomaterials Market Size, Share, and Industry Trends 2030
Sep 10, 2025 · The Nanomaterials Market is expected to reach USD 47.63 billion in 2025 and grow at a CAGR of 19.86% to reach USD 117.83 billion by 2030.