The United States Patent and Trademark Office offers three kinds of patents: utility, design and plants. Sometimes an invention can include more than patent category or more than one patent. Even so, patent holders enjoy the exclusive right to use the patented item for a limited amount of time. The complication can occur when other people try to use, make or profit from the invention.
Combination Patents Before 2007
A combination patent is when an invention combines elements from multiple patented items. Before a landmark case in 2007, the standard requirements for obtaining a combination patent were fairly loose. A patent seeker just had to show he or she had created something that was not obvious to a person with an average knowledge of the art. At the time, “obvious” was defined by being learned to teaching, suggestion or motivation to combine the various elements into a new invention.
Combination Patents After 2007
The landmark decision in KSR v. Teleflex in 2007 resulted in more stringent rules in the USPTO when it comes to combination patents. The case revolved around an innovation in auto manufacturing in which the court ruled that combining elements designed for a specific purpose was an “obvious” invention, and therefore not patentable.
The Supreme Court’s decision turned out to be a game-changer in the world of combination patents. The definition of “obvious” became more narrowly defined and made it much more difficult for combination patents to be awarded in the years to follow. The newer standard is that inventions must constitute completely novel developments within the confines of their fields.
This is particularly apropos given today’s innovations in engineering and technology. Engineers, by their very training, are tasked with creating new solutions in a wide variety of fields. In addition, current technology allows people to explore new ideas that previously had required a lot of brain power, imagination and experimentation. In the new environment, engineers who use computers in their work could be constantly inventing new concepts. But the USPTO is more stringent on which of these new ideas are eligible for a combination invention patent. In time, we may see additional guidelines set forth for patents based on court rules that arise from innovative ideas used for financial gain.
Inventions That Aren’t Eligible for Patents
Many countries have rules regarding inventions that simply cannot receive a patent. Items that involve nuclear or atomic materials for use in making weapons is one example. This is not because of the dangerous nature of working with these materials, it is because in requesting a patent, the means of production must be revealed, and then anyone would be able to duplicate the process. Then, there could be a proliferation of weapons available worldwide. Pharmaceuticals are another example. Medicine patents sometimes have the detrimental effect of raising the price and keeping important medications out of the hands of the people who need them.
Of course, inventions that are based in imagination or abstract ideas, such as time-travel machines, are not eligible for patents. Neither are acts of nature or physical phenomena.
Getting Assistance
If you are in doubt about the viability of your invention, particularly one that combines elements of already-patented inventions, you should start with some research. You can do an online patent search for similar items. You also should carefully consider whether your innovation has properties that make it marketable for financial gain or whether it is just something you enjoy creating yourself. You may not want to spend a great deal of time working on it if it is not something that can be eventually sold. Consulting a patent attorney is another options if you believe your combination invention has the potential to be patented.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.