Patentable subject matter under U.S. law

Wondering what things can and cannot be patented under U.S. law? Learn about patentable subject matter, including processes, machines, articles of manufacture, compositions of matter, and new and useful improvements to existing inventions. Plus, get tips for determining if your invention is patentable.

Q + ALAWS

Graham Settleman

12/6/20233 min read

a stack of papers and books
a stack of papers and books

What things can I patent?

Patents are a form of intellectual property that give the inventor the exclusive right to make, use, sell, and offer to sell the invention for a limited period of time. Patents can be granted for a wide range of inventions, but there are some specific things that cannot be patented.

Patentable subject matter

According to the U.S. Patent and Trademark Office (USPTO), patentable subject matter includes:

  • Processes: A process is a series of steps that must be performed in a certain order to achieve a desired result. For example, a process for manufacturing a new type of drug or a process for developing a new software application.

  • Machines: A machine is a device that uses physical forces to perform a task. For example, a new type of engine or a new type of medical device.

  • Articles of manufacture: An article of manufacture is a tangible object that is made by a machine or process. For example, a new type of smartphone or a new type of medical implant.

  • Compositions of matter: A composition of matter is a combination of two or more substances that has a new and useful function. For example, a new type of drug or a new type of food additive.

  • New and useful improvements to existing inventions: An improvement is a new feature or characteristic that can be added to an existing invention to make it more useful or effective. For example, a new type of software feature or a new type of medical treatment.

Things that cannot be patented

The following things cannot be patented:

  • Laws of nature: Laws of nature are fundamental principles that govern the universe. Examples of laws of nature include gravity, electromagnetism, and thermodynamics.

  • Natural phenomena: Natural phenomena are events or processes that occur in nature without human intervention. Examples of natural phenomena include the sun rising, the tides coming in, and the wind blowing.

  • Abstract ideas: Abstract ideas are concepts that cannot be reduced to a physical form. Examples of abstract ideas include business methods, mathematical formulas, and computer programs.

  • Anything that is already known or obvious: An invention must be new and non-obvious in order to be patentable. If the invention is already known or obvious, it cannot be patented.

Examples of patentable inventions

Here are some examples of patentable inventions:

  • A new type of medical device that can diagnose a disease more accurately.

  • A new type of drug that is more effective and less toxic than existing drugs.

  • A new type of software application that can help businesses to automate their tasks.

  • A new type of battery that can store more energy and last longer.

  • A new type of solar panel that is more efficient and affordable.

  • A new type of agricultural product that is more resistant to pests and diseases.

  • A new type of building material that is stronger and more durable.

  • A new type of toy that is educational and fun for children.

  • A new type of sporting goods that is more efficient and comfortable to use.

How to determine if your invention is patentable

If you have an invention that you think may be patentable, you can start by conducting a patent search to see if any similar inventions have already been patented. You can do this using the USPTO's patent database.

If your invention is not already patented, you can then consult with a patent attorney to determine if it meets all of the requirements for patentability. A patent attorney can also help you to draft and file a patent application.

Conclusion

Patents can be a valuable tool for inventors to protect their intellectual property and to commercialise their inventions. However, it is important to understand what types of things can and cannot be patented. If you have an invention that you think may be patentable, it is a good idea to consult with a patent attorney to get advice.

A comprehensive overview of patentable inventions, including processes, machines, articles of manufacture, compositions of matter, and new and useful improvements to existing inventions

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