Patenting Inventions

As a lawyer, I can advise you that any novel and non-obvious invention can be patented. Under US patent law (35 USC § 101), an invention is considered patent eligible if it is of statutory subject matter, refers to products, processes or improvements thereof, and is not a law of nature, natural phenomena, or abstract idea.

A patentable invention must satisfy three criteria: novelty, non-obviousness and utility. Novelty means that the invention must not have been disclosed anywhere in the world before the date of filing the patent application. Non-obviousness requires that the invention would not be obvious to a person having ordinary skill in the relevant technology at the time of the invention. Utility means that the invention must have some practical application or use.

Examples of inventions that can be patented include machines, compositions of matter, articles of manufacture, processes, and improvements thereof. Examples of inventions that cannot be patented include abstract ideas, laws of nature, physical phenomena, natural phenomena, and mathematical formulas. Additionally, inventions that are harmful to public health, safety, or morals, are illegal or against public policy cannot be patented.

Inventors can patent their inventions by filing a patent application with the United States Patent and Trademark Office (USPTO). The patent application should include a detailed description of the invention, including how it works and how it is made. It should also include any drawings or diagrams that are necessary to demonstrate the invention.

In conclusion, any invention that is novel, non-obvious and useful can be patented. It is important for inventors to seek the advice of an experienced patent attorney when deciding to apply for a patent. A patent attorney can guide inventors through the complicated patent application process, provide legal advice and help protect their rights.