A patent is a valuable property right because it excludes others from “making, using, offering for sale, or selling your invention throughout the United States or importing the invention into the United States” for a certain period of time.However, before embarking on the patent process, the first step is determine if your invention can indeed be patented.
What Can Be Patented
Utility patents are provided for the following, so long as they are new, nonobvious, and useful:
- Processes
- Machines
- Articles of manufacture (i.e. chairs, shovels, gloves, shoes, envelopes, and mouse-pads)
- Compositions of matter (defined as the “an instrument formed by the intermixture of two or more ingredients, and possessing properties which belong to none of these ingredients in their separate state”)
- Improvements of any of the above
What Cannot Be Patented
The following are not afforded patent protection:
- Laws of nature
- Physical phenomena
- Abstract ideas
- Literary, dramatic, musical, and artistic works (these can be copyrighted)
- Inventions that are not useful (the USPTO cites perpetual motion machines as an example)
- Inventions that are offensive to public morality
How We Can Help
Of course, this post provides only a broad overview of patentability. If you are seeking to patent an invention, it is advisable to consult with an experienced intellectual property attorney.
At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge – and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.
Contact our knowledgeable intellectual property attorneys today TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) to find out how we can provide a powerful defense of your unique ideas.
