Came up with an original product that could reshape the world? Or at least your industry? You should have an idea or two on what can you patent and what you cannot. Do not file a patent application first. Crucial information on what falls under patentable subject matter saves struggle and frustration. This is how your idea receives the protection it is deserving of.
Main Categories of Patentable Subject Matter
Patentable areas are categorized into four main buckets:
- Machine: A functional item made up of connected parts. Generally, the parts move.
- Manufacture: An object that provides a function even if it lacks moving parts. For example, a hairbrush does not have moving parts, but it does have a function.
- Composition of Matter: It refers to a combination of chemicals. Think of any cleaning or pharmaceutical product that uses multiple ingredients in its production.
- Process: A set of steps for something. This category is used to protect a business technique of manufacturing. This category is more recognized as the technique to protect a business method.
Patent examiners came up with these categories long ago. Most functional and physical inventions can be placed in one of these categories. That said, the category of Process has been subject to debate for years. The U.S. Supreme Court has attempted to clarify what qualifies as “processes” for patent protection.
This is why you need a patent professional who is qualified and experienced enough to place your invention in the best patentable category. The only condition is that your invention must be useful. It should be operable with a purpose. The USPTO has issued guidelines that are supportive in identifying if your invention is patentable or not.
Ready to protect your invention?
Consult a qualified patent professional like John Rizvi today to determine the strongest patent category for your idea and start your patent application with confidence.
All you have to do is show a credible aspect of utility for your invention to be classified as useful. An invention is also considered useful when an individual in the underlying field observes the invention and recognizes it as useful.
Your invention must have these three qualities to achieve patentability:
1. Novelty
2. Usefulness
3. Non-obviousness
Novelty means your invention should be unique in its area of application. It should be different to anything else that has been patented or sold for public consumption in the past.
How to make your invention non-obvious? There should be a crucial difference between what has been described in the field of invention so that a person with ordinary skills does not find it obvious to point out the underlying change.
What Cannot Be Patented?
Not everything is patentable as you know by now. There are elephants in the room we need to address. Laws of nature, for example, cannot be patented. Products that do not have a public good in them cannot be patented. The US Patent Office will not patent a nuclear bomb, even if you argue it is for peaceful purposes.
Perpetual motion machines are another item that the USPTO does not patent. There is a specific policy developed against patenting such machines. Perpetual motion machines do not require an external power source to work indefinitely. Having said that, an operable perpetual motion machine has not been created to date.
Perpetual motion machine proposals have become so common. This is why the USPTO had to develop a specific policy to prohibit patent applications on such machines.
Now you have a fair idea of what cannot be patented. Recheck if your invention fits the criteria or not.
Kinds of Patents That Can Be Secured Outside the U.S.
Every country has its own patent laws. You can still obtain all kinds of patents even outside the U.S. Find the country’s patent office and file a patent application.
Inventors take the help of treaties like the Paris Convention to manage international applications. It allows you to claim “right of priority.” This sets a strategic advantage as your application dates back to the first filing date.
You do not have to apply in every country one by one. Use regional patent offices like the European Patent Office (EPO). These offices make it easier to secure protection in multiple countries because of the streamlined process.
Conclusion
Patents exist to safeguard innovations that push industries forward. Not every idea is patentable. Knowledge of what can you patent sets you on the right track to patentability. Your invention must fit the criteria and serve a purpose to seek protection not only in the U.S. but also around the world. Guidance from a trusted patent attorney like John Rizvi poses a strategic angle for your invention in the legal defense.