What can you patent? Ideas, Processes, Machines, Compositions of Matter, and Designs are just a few examples. Patents can protect any of these things, and it is a very simple process. After submitting your application, the USPTO will evaluate your claim. Upon approval, a patent holder will have exclusive rights to use the invention for 20 years for utility and 15 years for design patent.

Federal patent laws state that a patent can be granted to an inventor to prevent others from making, using, offering to sell, or selling the invention in the United States. A patent is granted to an inventor to protect their invention they are generally valid for twenty years and can be used to protect any invention in any technology field.  

In general, an invention must satisfy the following requirements to be granted:

  • New;
  • Unique;
  • It is generally not obvious.

types of patent

There are many types of patents that can be obtained depending on what item you want to patent.

#1. Utility Patents

In order to qualify for a utility patent, an inventor must have created a new product or process that is not already on the market. The subject matter of a utility patent must be useful to people in the present. This strand of utility can cover new biological or chemical formulas, processes, or procedures.

#2. Design Patents

A design patent protects ornamental features or the look of an object, rather than its function. It protects only the appearance of the article and not the structural or utilitarian features of the object. For instance, an application for a design patent for a computer mouse would cover the shape of the device rather than its functionality. 

#3. Plant Patents

A plant patent protects a new variety of asexually reproducing plant. Asexual reproduction has been defined by the USPTO to as the propagation of a plant without the use of fertilized seeds to assure an exact genetic copy of the plant being reproduced. 

What Can You Patent?

Patents can be granted for almost anything. A United States patent can cover machines, computers, medicines, computer programs and articles of manufacturer, compositions, chemicals, biogenetic material, and processes are all possible subjects matters.

You apply for patent and only if they fall within the classified legal categories. Invention is protected by the U.S. with a “first to file” policy. This means that credit will be given to the original inventor of an invention who filed a patent application first. You have twelve months after disclosure to describe your invention in detail in an application. This is so that anyone reasonably skilled in your field can reproduce it without any undue experimentation. Below we discuss what a patent can cover:

1. Ideas

Before you can patent an idea, you need to go through the US patent application process. Patents are only granted if an idea meets certain criteria. To get a patent, your idea must be new, useful, and unique. Basically, the ideas which cannot be patented are:

#1. abstract

An abstract invention will not be granted a patent. Because the evaluator will not understand the invention’s merit, this is why it won’t be granted a patent. It is not possible to prove utility without this. An invention is only elevated to the status of a concrete demonstration of concept.

#2. Existing in Nature

Anyone can discover a new mineral, or another valuable resource. There are protections available for the discovery. A patent is not possible because the inventor or innovator hasn’t created anything.

#3. Laws of Nature

Manifestations of laws of nature are part of the storehouse of knowledge, “free to all men and reserved exclusively to none.” While the government will give a patent, it won’t award the person responsible for discovery.

#4. Artistic Works

A person or an organization can copyright a piece of music, a movie or a painting. Trademarks can be made on names, logos and packaging that point to the source of the product. These things are not possible to patent. To distinguish between innovation and art, the USPTO uses trademarks in its title. Both assignments are handled by the agency, but artistic works are not eligible for patents.

In order to patent an idea, you must be able to describe it in detail and explain how it fulfills a market need. The process of patenting an idea involves a lot of documentation and you must meticulously follow the steps and gather any documentation that can support your claim.

The government does not consider writings, illustrations, or processes as ideas. A prototype is not necessary, but you must be able to convey enough information about your idea to make it clear to the public. Likewise, you cannot patent substances or processes that are found in nature. Neither can a drug that puts the safety of its user at risk. Ideas that serve criminal purposes cannot be patented.

If you’re not sure if your idea falls under these categories, you can always file a provisional patent application first. This will protect your idea for 12 months while you prepare the necessary documents and polish your application to the USPTO. A provisional application will only cost you $65 for a “micro-entity” and $130 for a “small entity.” You can then proceed to the actual patent application if you have the funds and the time.

Once you’ve developed a viable idea, you should perform research on the idea and note any similarities. You should also note any similarities or differences with other inventions. In addition, you should understand the needs of businesses in your area in order to know how to market your idea effectively. If you’re an innovator who thinks your idea is a great idea, it can be a huge business opportunity.

idea

2. Processes

A series of acts or steps. Patenting a unique configuration of machines in factories or a software process that transforms data. It is the steps or unique arrangement of existing steps that makes it novel.

The process of patenting a manufacturing process involves balancing the benefits of protecting your proprietary method against the costs of disclosing it. Intellectual property are a good investment in a company, especially when they provide valuable exclusivity. A patent attorney can help you review the issues and make an informed decision. Moreover, a patent can protect the process for 20 years. This exclusivity can help your business flourish.

3. Machines

Machine is a concrete thing made up of parts or a combination. A bicycle, an airplane engine, or an electric drill are all examples. What makes it patentable is because it combines existing parts in a novel way. To obtain a patent for a perpetual motion machine, an applicant must provide a working demonstration of the product.

4. Compositions of matter

In the US, compositions of matter are a special class of patentable inventions. They refer to novel mixtures of two or more constituents. A common example is a chemical compound. The applicant must carefully consider which classification is appropriate for their invention, and the patent office will assign an inspector based on their findings. In general, however, compositions of matter may be patentable, provided that they comply with the requirements of the Patent Act.

A composition of matter may be patented for a variety of purposes. Some examples include a Tupperware container, a spiral notebook, a folded corrugated box, or a genetically altered plant or animal. Other examples include pharmaceutical drugs, genetically modified organisms, and articles of manufacture. However, a composition may not be patentable if it violates the laws of nature, such as gravity.

One method of claiming a patent for a composition of matter is to recite the individual constituents of a particular material. A particular alloy composition containing specified levels of alloying additives may be patentable. Or, an alloy containing a newly discovered metallic phase may be patented.

5. Software

In order to obtain a patent, a piece of software must offer a new or improved way of performing a technical process. In the US, a software invention that combines a machine and an abstract idea falls into the “process” category. However, software that is not abstract or does not have any unique characteristics can’t be patented.

While the term “software” means “computer program,” it actually refers to any piece of software attached to an invention. In addition, it must be attached to the hardware or be part of the invention. Furthermore, software can be patented if it is attached to hardware that is required for its function. In some cases, a software patent may not include the hardware, as long as it is an integral part of the invention.

Steps to filing a patent

Step 1: Know Your Invention

You must first understand your invention. What unique feature makes your invention useful and new?

After identifying these elements, you can consider the scope of your invention. Is your invention feasible in another way?

Next, use one of the many patent databases to conduct a patent search for your idea. As mentioned above, this will allow you to determine whether your invention is truly original. You can also find out if there are any other patents for similar inventions.

Searches can be made within the United States Patent and Trademark offices with many patent databases. This search is not without limitations. It is important that you take the time to understand these limitations. The search may not be comprehensive and might not prove your idea is valid. You can save time and money by looking for a similar patent before you submit your application.

Step 3: Choose the type of protection you want for your invention

A utility patent is what most people call a patent. The prototype you have created can be tested and refined. You cannot however, add anything. You must file a patent request to get super sensitive pressure sensors for your prototype.

The formal application is the non-provisional, also known by Utility Patent Application. To begin the patent process, one must submit the application to the United States Patent and Trademark Office. The provisional application must be filed within one year of the initial filing. This application will grant you patent-pending status for your idea.

Step 4: Prepare and file your patent application

It can be challenging to create a patent request. Your chances of getting patent rights are higher if you do it right. Your patent may not be issued if you do not follow the correct procedure. An application can include patent claims and drawings as well as specifications. These may be rejected due to technical or formal reasons. To protect your invention, it is best to seek the advice of a skilled professional.

A professional cannot do everything, but they can help you put your ideas into writing. You need to collaborate closely with your patent professional to capture the essence and value of the invention that you wish to protect.

Step #5: Patent Prosecution

The examiner will confirm the uniqueness of the invention after the patent application has been filed. This means that it has not been claimed by anyone else to have invented it before your patent filing. This requires that you search for prior disclosures online and in printed forms.

A judgment will be rendered by the patent examiner regarding the patent’s non-obviousness. This can be difficult to understand. It is possible to find a simpler, but not necessarily exact, alternative for non-obviousness. Your invention must be unique to be eligible for the exclusive IP rights of more than 20 years. It should also be substantial and advance existing knowledge.

The patent examiner will also assess whether the application for patent is complete and contains sufficient disclosure to allow the applicant to understand the method used in the invention. All requirements must be met before a patent can be issued to the applicant. For a period of twenty years, you will have exclusive intellectual property rights to his invention.