The term “composition of matter” includes an intermixture of two or more ingredients. W. Robinson, The Law of Patents for Useful Inventions 278-9 (1890). The composition must possess some properties that do not belong to the materials in their separate state. In other words, there must be some cooperation between the ingredients within the intermixture. However, there need not be a synergy. The term composition of matter includes chemical compounds, mechanical or physical mixtures, alloys, etc.
There is also a special requirement for a composition of matter in that a patentee must be able to demonstrate that he/she has possession of the composition of matter. The definition of “possession” will be discussed later. The Supreme Court expanded the traditionally broad interpretation of the statutory categories of invention in 1980. In Diamond v. Chakrabarty, the Supreme Court held that patentable subject matter may include anything under the sun invented by the hand of man. See Diamond v. Chakrabarty, 447 U.S. 303, 206 U.S.P.Q. 193, 197 n. 6 (1980 citing legislative history). Incidentally, the Chakrabarty case represented a landmark decision in which the Court determined that a genetically engineered man-made organism was patentable.