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The Topic of Patentability
For an object
or idea to be patentable, it must fit into one of the following four
categories; process, manufacture, machine or composition of matter. The
subject matter must also be original, an unmodified, previously existing
invention is never patentable. There must be a significant improvement
over previous inventions for the new one to qualify. If two previous
inventions are combined together, the combination must yield new and
unexpected results for the invention to be considered patentable.
In addition, an invention must be useful and must actually work in order
for it to be patentable. A useful invention is one in which the object
already has a utility without anyone having to pursue further research
to identify or reasonably confirm the utility. So, if you’ve invented a
nifty little widget or doodad, but haven’t got a clue as to what it
could be used for, the PTO isn’t going to be impressed and isn’t likely
to grant your patent.
On the bright side, if an invention does not accomplish all of its
intended functions or it only has partial success, it may still be
patentable. In the case of newly developed drugs, the claimed invention
only needs to treat a single symptom of an incurable disease for it to
have usefulness. The Patent Office isn't as strict on drugs and
treatments (that's where the Food and Drug Administration come in).
The PTO has established that laws or forces of nature are not deemed
patentable. Examples of these include, but are not limited to, the law
of gravity or E=mc2. Computer related inventions may or may not be
patentable. Computer programs that have a function when used with a
computer are definitely patentable subject matter. Merely recording
information (like music, literary works or data) on a computer-readable
medium will not result in a patentable idea.
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Author's Bio:
Copyright © 2005 Lisa Parmley - Registered Patent Agent Review free
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