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The patent law specifies the general field of subject
matter that can be patented and the conditions under which
a patent may be obtained.
In the language of the statute, any person who "
invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and
useful improvement thereof, may obtain a patent, "
subject to the conditions and requirements of the law.
The word " process " is defined by law as a
process, act or method, and primarily includes industrial
or technical processes. The term " machine "
used in the statute needs no explanation. The term "
manufacture" refers to articles that are made, and
includes all manufactured articles. The term " composition
of matter " relates to chemical compositions and
may include mixtures of ingredients as well as new chemical
compounds. These classes of subject matter taken together
include practically everything that is made by man and
the processes for making the products.
The Atomic Energy Act of 1954 excludes the patenting
of inventions useful solely in the utilization of special
nuclear material or atomic energy in an atomic weapon
42 U.S.C. 2181 (a).
The patent law specifies that the subject matter must
be " useful. " The term " useful "
in this connection refers to the condition that the subject
matter has a useful purpose and also includes operativeness,
that is, a machine which will not operate to perform the
intended purpose would not be called useful, and therefore
would not be granted a patent.
Interpretations of the statute by the courts have defined
the limits of the field of subject matter that can be
patented, thus it has been held that the laws of nature,
physical phenomena, and abstract ideas are not patentable
subject matter.
A patent cannot be obtained upon a mere idea or suggestion.
The patent is granted upon the new machine, manufacture,
etc., as has been said, and not upon the idea or suggestion
of the new machine. A complete description of the actual
machine or other subject matter for which a patent is
sought is required.
http://www.uspto.gov/
What can be patented?
Utility patents are provided for a new, nonobvious and
useful:
- Process
- Machine
- Article of manufacture
- Composition of matter
- Improvement of any of the above
Note: In addition to utility patents, encompassing
one of the categories above, patent protection is available
for (1) ornamental design of an article of manufacture
or (2) asexually reproduced plant varieties by design
and plant patents.
What cannot be patented:
- Laws of nature
- Physical phenomena
- Abstract ideas
- Literary, dramatic, musical, and artistic works (these
can be Copyright protected).
- Inventions which are:
- Not useful; or
- Offensive to public morality
Invention must also be:
- Novel
- Nonobvious
- Adequately described or enabled (for one of ordinary
skill in the art to make and use the invention)
- Claimed by the inventor in clear and definite terms
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Online information resources. Patents-i.net
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