Patentable
Subject Matter
The standard for what is patentable subject matter in
the United States is "anything under the sun made
by man" that is new (novel), useful, and non-obvious.
Similar standards for patentability apply in Japan and
the European Patent Office (EPO).
Under US law, a claimed invention is deemed useful if,
at the time of filing, it is capable of providing some
identifiable benefit (to a person of ordinary skill in
the art of the invention). The benefit must be specific,
substantial, and practical.
Generally speaking, there are three broad categories of
patentable subject matter: processes, machines and articles
of manufacture and use.
A process could be a method for making something, a method
for using something, or a method for doing something.
Processes include business methods, most software, medical
techniques, sports techniques and the like. Machines include
devices and apparatuses. Articles of manufacture include
mechanical devices, electrical/electronic devices and
compositions of matter such as chemicals, medicines, DNA,
RNA, etc.
However, laws of nature, physical phenomena, and abstract
ideas are not patentable. Software inventions implementing
algorithms are not patentable for this reason unless it
produces a "useful, concrete, and tangible result"
(US law) or technical effect (European law). The US standard
for the patentability of software is more liberal than
that in Europe. Japanese patent law lies between the US
and Europe.
The patentability of software (and business methods) is
quite controversial from a global perspective. Case law
in the United States permits patents for software and
business methods. Yet computer programs as such are not
patentable in Europe, although some inventions that use
software can be patented in Europe.
Patents related to natural compounds (e.g. items found
in rainforests) as well as medicines, medical treatment
techniques, and genetic sequences are also controversial.
There are significant country-by-country differences in
handling these subject matters. For example, in the United
States you can get a patent for a surgical method but
you cannot exclude physicians from performing the surgical
method.
See:
• Intellectual
Property Rights
• Patent
• Patent
Prosecution Process
• General
Patent Corporation Wins Reexamination for Acticon Patents
• Intellectual Property - The 3 Branches: Copyrights, Patents & Trademarks
• Patent - How To Get One
• Patent Expert Offer Free Do-It-Yourself Patent Course to Independent Inventors
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