What is the difference between patentable and non-patentable inventions? Add a note on rights of patence.
Answers
Patentable Inventions
Without exception, if an item isn't in one of these categories, it is not patentable. A patent for improvement does not include the improved upon object.
Process - a method of creating a physical change in a material relating to its character or quality.
Machine - uses energy to complete a task.
Manufacture - processes that create work.
Composition of matter - a compound created through two or more elements.
Improvement - new or improved element in a known invention.
The threshold requirement for patents;
Originality - must be created by the person claiming to be the inventor.
Enablement - ability to make and use it.
Utility - the invention must be useful.
Statutory subject matter - ability to be placed into one of the above-mentioned categories.
Statutory Bars state under U.S. patent law, only the first applicant on file can receive a patent. Under many foreign laws, a patent is required before publicly releasing your invention. It is generally considered best practice to file for a patent before the invention is released publicly, and a patent lawyer should be consulted as early as possible.
Novelty and non-obviousness are the final required factors for an invention to be considered "new".
Is it different than what has come before it?
How? Specifically, done in a way that doesn't make an invention look like the same product with one small feature change.
These criteria are helpful in determining the likelihood of a successful application. Consult with your patent lawyer for further investigation. It's the Patent Office's job to make the final determination. Public information can help you do preliminary research, including;
Patent and Trademark Depository Libraries (PTDL)
Hartford Public Library (Northern Connecticut)
Physical Sciences Library at UMass Amherst (Western Massachusetts)
Boston Public Library (Massachusetts)
Free Internet-based patent databases (use keywords describing your invention)
U.S. Patent Office's search website
European Patent Office's search website
Google Patents
Non Patentable Inventions
Discovery, scientific theory, or mathematical methods
Nonfunctioning products
Scheme, rule or method for performing a mental task
Informative presentations
Medical/veterinary procedures and methods.
Perpetual motion machines aren't a proven design. Unethical/ immoral inventions and software/business methods that aren't technical are non patentable.
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