Conditions for Obtaining a Patent

Many individuals and companies seek out patents so they can protect a discovery made or invention created. While creating something new is exciting and you may be chomping at the bit to file a patent, it is important to understand that some items and practices simply cannot be patented. In order for an item or process to be patented, it needs to meet certain criteria set forth by the United States Patent and Trademark Office. Chances are good that whatever you plan to invent will be covered, but it never hurts to make sure.

Qualities Needed to Get a Patent

A variety of patents are available to be obtained, including patents for plants, utilities, chemical compositions and more. In order to get your patent, you need to ensure this new discovery has the following traits.

•Novelty: If you want a patent for your invention, you need to prove it is somehow new or novel. This often entails showing your invention was not known to the general public prior to filing the patent, described in great detail within a publication or described in a previous patent application.

•Useful: This is a basic component that should be easily proved one way or another. If your invention cannot perform its intended function, it is not useful and is unable to be patented.

•Statutory: You can only file a patent on something that falls within the category of statutory subject matter. That includes composition of matter, articles of manufacture, processes and machines. Something like electromagnetic waves would not fall into any of those classes, so they would not be patentable.

•Non-Obviousness: This is often the quality that is most difficult to prove one way or another. Your invention has to be a non-obvious upgrade to an item currently holding a patent in order to qualify. An examiner will need to determine if your invention would be obvious to anyone who has basic skill and knowledge in whatever field your invention most pertains to.

Qualities That Would Prevent an Invention From Getting a Patent

Certain things are not capable of holding a patent, so if your discovery has any of the following qualities, you should let go of the idea of holding a patent on it.

•Nuclear Items: The Atomic Energy Act was passed in 1954 as a measure to ensure that items that exclusively utilize nuclear energy could not be patented. This prevents businesses from holding a patent on atomic weapons.

•Ideas: You cannot patent abstract ideas. While this includes philosophies, it also means you cannot file a patent if all you have for an invention is the idea. The invention needs to be tangible, and it needs to be proven to work so in order that you can file.

•Laws of Nature: You cannot acquire a patent on something that occurs naturally in the world. Had the Patent and Trademark Office existed centuries ago, Isaac Newton would not have been allowed to patent the concept of gravity because it is simply a manifestation within nature.

•Physical Phenomena: You also cannot patent something you found within the wild. That means if you were to find a new mineral, you could not have a patent on it. The same applies for new plants that are found in the wild. While plant patents do exist, they are reserved for plants that are created in a more controlled environment. If you cross-breed a new plant into existence, you could get a patent on that.

Not everything is open for patents, and there are very good reasons for why these restrictions are in place. If you have an idea for inventing something new and getting a patent on it, you should make sure it abides by all the rules before starting work.

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.