What can be patented?
To be patented, an invention must possess the following qualities: Novelty: The invention must be new—that is, it must be different from “prior art” (see below). In other words, it must be slightly different from that which is already known to the public. Novelty also means that you, the inventor, cannot have published the invention, put it in public use, or offered it for sale more than one year before applying for the patent. In addition, you cannot get a patent for someone else’s invention. Utility: The invention must be useful. Some level of benefit must be provided by the invention. Nonobviousness: The invention must not be obvious to anyone knowledgeable in the area at the time the invention was made. An invention that solves a known problem is nonobvious if others attempted to solve the problem but failed. In short, anything that is made by an inventor is patentable, excluding such things as principles of science and laws of nature.
A utility patent may be obtained for a new and useful process, machine, article of manufacture, composition of matter, or for an improvement thereof. A design patent may be granted for a new, original and ornamental design for an article of manufacture. Patents may also be granted for certain types of plants and microorganisms.
Any new, useful and non-obvious process, machine, material or composition of matter; or an improvement to any of these, can be the subject of a utility patent. Any new and non-obvious ornamental characteristic to an article of manufacture can be the subject of a design patent. Ideas and abstract concepts cannot be patented. Only inventions that can be completely described so that they can be reproduced by a person of similar skill in the art of the invention as the inventor can be patented. In addition, mathematical algorithms, physical phenomena, the laws of nature, perpetual motion machines, and inventions against public policy, such as doomsday devices cannot be patented.
