An invention is only patentable if it is Novel, Useful and Not Obvious.
Additionally, it must be adequately described or otherwise enabled in a patent application, and claimed by the inventor in a patent application in clear and definite terms.
The Supreme Court has stated that anything under the sun that is made by humans with the exception of; laws of nature, natural phenomena, abstract ideas, and humans themselves, fall within the patentable realm. So, what does that specifically exclude?
Mental Processes and Mathematical Algorithms or formulas
A purely mental process is not patentable. A process claim reciting an algorithm or abstract idea is patentable only if it is embodied in, operates on, transforms, or otherwise involves another class of statutory subject matter, i.e., a machine, manufacture, or composition of matter. Mental processes standing alone are not patentable, even if they have a real world application.
Court opinions define that a process is eligible for patent protection if:
(1) it is tied to a particular machine or apparatus, or
(2) it transforms a particular article into a different state or thing.
Mental Processes and Mathematical Algorithms or formulas
A purely mental process is not patentable. A process claim reciting an algorithm or abstract idea is patentable only if it is embodied in, operates on, transforms, or otherwise involves another class of statutory subject matter, i.e., a machine, manufacture, or composition of matter. Mental processes standing alone are not patentable, even if they have a real world application.
Court opinions define that a process is eligible for patent protection if:
(1) it is tied to a particular machine or apparatus, or
(2) it transforms a particular article into a different state or thing.
Thus, Isaac Newton could not have received a patent for discovery the connection between force and mass (one of those equations you learned in basic physics, F = ma). However, you might be able to patent an application of a mathematical formula or a law of nature, IF it otherwise meets the patent requirements.
Arrangements of printed matter
Printed matter may be part of a patentable invention such as; a printed label on a mattress telling how to turn it to ensure even wear, or dictionary index tabs that guide you to the desired word more rapidly, but if the “invention” is just words, copyright protection is more appropriate.
Printed matter may be part of a patentable invention such as; a printed label on a mattress telling how to turn it to ensure even wear, or dictionary index tabs that guide you to the desired word more rapidly, but if the “invention” is just words, copyright protection is more appropriate.
Naturally occurring things
Unaltered, things that naturally occur in nature are not “inventions” in and of themselves. While you cannot patent naturally occurring things, you can patent something made from natural things. For example, while you could not patent the leaves of different plants, you could patent a pharmaceutical made out of those leaves (as well as the process of making it). Additionally, you can alter nature to create a Plant that could not naturally occur (Generally, when applying for a plant patent; the plant must be asexually reproduced; and the plant must be a new variety). As with all patent categories, there may be some grey area here.
Take for example US5443036: Method of exercising a cat. wherin “A method for inducing cats to exercise consists of directing a laser beam of light onto the floor, wall or other opaque surface in the vicinity of the cat, then moving the laser so as to cause the bright pattern of light to move in an irregular way fascinating to cats, and to any other animal with a chase instinct.” Is this a “NATURAL” response by the cat, or something created by the invention?
Scientific principles
While a device or method which operates based on a new scientific principle can be patented, but the underlying principle cannot. Further more, the principle must be able to produce a working model. Proposals for inoperable machines such as perpetual motion have become so common that the (USPTO) has made an official policy of refusing to grant for perpetual motion machines without a working model. The USPTO Manual of Patent Examining Practice states:
With the exception of cases involving perpetual motion, a model is not ordinarily required by the Office to demonstrate the operability of a device. If operability of a device is questioned, the applicant must establish it to the satisfaction of the examiner, but he or she may choose his or her own way of so doing.
Business Method Patents have been the root of much controversy of late and will be the topic of an upcoming post.
Additionally
Inventions solely useful in making atomic weapons are not patentable.
Inventions that are offensive to public morality are not patentable.
Human beings are not patentable.
At least not yet…
Finally, you cannot patent a simple idea or suggestion. Rather, the invention must be something real and concrete. So while you can patent a machine, you can not obtain a patent simply for the idea of some machine.
Finally, you cannot patent a simple idea or suggestion. Rather, the invention must be something real and concrete. So while you can patent a machine, you can not obtain a patent simply for the idea of some machine.
[ By AUDREY | Published: September 17, 2009 ]
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