What things cannot be patented?

A patent is a legal right granted by a government to an inventor to exclude others from making, using, or selling their invention for a limited period of time. In order for an invention to be eligible for a patent, it must meet certain requirements, including being novel, non-obvious, and useful. However, there are also certain types of inventions that are ineligible for patent protection.

Things that cannot be patented include:

• Natural phenomena: This includes things that exist in nature, such as the laws of physics, the human body, and plants and animals.

• Abstract ideas: This includes ideas that cannot be reduced to a concrete and tangible form, such as business methods, mathematical algorithms, and games.

• Discoveries: This includes things that are discovered, but not invented, such as new planets, stars, and elements.

• Scientific theories: This includes theories that explain how the world works, such as the theory of gravity and the theory of evolution.

• Compositions of matter that are not new and useful: This includes things that have been known and used for a long time, such as air, water, and salt.

• Processes that are not new and useful: This includes processes that have been known and used for a long time, such as cooking and baking.

In addition to these general categories, there are also some specific types of inventions that are ineligible for patent protection in many countries. These include:

• Computer programs: Computer programs are sometimes patentable, but there are restrictions on what can be patented. For example, a patent cannot be granted for a computer program that is simply a method of doing business.

• Business methods: Business methods are generally not patentable, unless they are linked to a specific technological invention.

• Medical treatments: Medical treatments are generally not patentable, but there are some exceptions for new and innovative treatments.

• Plant and animal varieties: Plant and animal varieties can be patented in some countries, but there are restrictions on what can be patented. For example, a patent cannot be granted for a plant or animal variety that is naturally occurring.

There are also some inventions that are ineligible for patent protection because they are considered to be contrary to public order or morality. These inventions can vary from country to country, but they may include things like weapons of mass destruction, child pornography, and inventions that exploit human suffering.

It is important to note that patent laws vary from country to country. This means that something that is not patentable in one country may be patentable in another. It is also important to note that patent laws are constantly evolving, so it is always best to consult with a patent attorney to determine whether your invention is eligible for patent protection.

Here are some specific examples of things that cannot be patented:

• A new type of business process, such as a new way to sell products online.

• A new mathematical algorithm, such as a new way to compress data.

• A new game, such as a new video game or board game.

• A new plant variety, such as a new type of rose or tomato.

• A new animal variety, such as a new type of dog or cat.

• A new medical treatment, such as a new drug or surgical procedure.

• A weapon of mass destruction, such as a nuclear bomb or biological weapon.

• Child pornography.

• An invention that exploits human suffering, such as a device that tortures people.

If you are unsure whether your invention is eligible for patent protection, you should consult with a patent attorney. A patent attorney can help you to determine whether your invention meets the requirements for patentability and can advise you on how to best protect your intellectual property.

A comprehensive guide to the ineligible subject matter of patent law

Related Content