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Exploring Patent Eligibility: What’s in and What’s Out

Home / Blog / Patentability Search / Exploring Patent Eligibility: What’s in and What’s Out

Today’s world is driven by innovation and imagination, and inventors are at the forefront of these developments. Not all inventions, nevertheless, are patentable. The type of innovation, its novelty, and its potential for industrial use are only a few of the variables that affect whether it can be patented. 

Table of Contents

Introduction  

A patent is a special governmental protection that gives inventors the exclusive rights to their creations for a certain amount of time, usually around 20 years. It gives inventors the ability to stop others from producing, utilizing, or commercializing their idea without their consent. By giving inventors a competitive edge and the chance to make money off their innovations, patents act as a potent stimulant for creativity. 

Exploring Patent Eligibility: What's in and What's Out

Patentable Inventions 

To be considered patentable, an invention must meet certain criteria. These criteria may vary slightly across different jurisdictions, but they generally revolve around three fundamental aspects: 

  1. Novelty: Before a patent application is submitted, an invention must be original and not have been published. It should not be included in the body of knowledge or “prior art.” Prior to submitting a patent application, the invention’s uniqueness may be compromised by any public disclosure, publication, or commercialization.
  2. Non-Obviousness or Inventive Step: Non-obviousness, determines whether the invention represents a creative or inventive leap beyond what is already known. The invention must not be a blatant fusion or modification of already existing concepts or technologies.
  3. Utility or Industrial Applicability: An invention must have practical utility and be capable of being used in an industry or business. It should not be a mere abstract concept or theoretical idea, but rather a tangible and functional invention.

Patentable Inventions under US Patent Law 

In the United States, patent law is governed by the Patent Act, which is part of Title 35 of the United States Code. Under US patent law, inventions can fall into several categories that are typically considered patentable: 

  1. Machines: Devices or apparatuses with specific structures or mechanisms, including mechanical, electrical, and electronic devices.
  2. Processes: Methods or techniques used to produce a particular result, including manufacturing processes, chemical processes, and software algorithms.
  3. Compositions of Matter: Chemical compounds, compositions, or mixtures with distinct properties, such as pharmaceutical formulations, chemical compositions, or new materials.
  4. Improvements to Existing Inventions: Modifications or enhancements to existing inventions that provide novel and non-obvious features or functionalities.

It’s important to note that patent law is complex and subject to interpretation, and the specifics of patent law can evolve through court decisions, legislation, and administrative guidelines. Therefore, inventors and businesses are advised to consult with legal professionals or patent agents for specific guidance regarding their inventions and patent applications. 

Non-Patentable Inventions 

While patent law aims to encourage innovation, certain types of inventions are considered non-patentable. These exclusions are intended to strike a balance between promoting progress and preventing monopolies that could hinder further advancements.
Here are some common examples of non-patentable inventions: 

  1. Laws of Nature and Abstract Ideas: Inventions that merely represent natural laws, scientific principles, or abstract concepts cannot be patented. While applications of these principles or concepts may be patentable, the underlying laws themselves are considered part of the public domain.
  2. Natural Phenomena and Discoveries: Discoveries of naturally occurring substances or phenomena are generally not patentable. However, if an invention utilizes a naturally occurring substance or phenomenon in a novel and non-obvious manner, it may be eligible for patent protection.
  3. Mathematical Algorithms: Pure mathematical algorithms, as abstract concepts, are not patentable. However, if an algorithm is applied in a practical and innovative manner to solve a specific technical problem, it may be eligible for a patent.
  4. Methods of Medical Treatment: Methods of medical treatment, including surgical procedures and diagnostic methods, are often excluded from patentability. However, medical devices or tools used in such procedures may still be patentable.
  5. Offensive or Immoral Inventions: Inventions that promote illegal activities, human rights violations, or are considered offensive to public morality are generally deemed non-patentable.

Non – Patentable Inventions under US Patent Law 

Under US patent law, certain categories of inventions are generally considered non-patentable. These include: 

  1. Laws of Nature and Natural Phenomena: Discoveries of laws of nature, natural phenomena, and naturally occurring substances are not considered patentable subject matter. While applications or practical uses of these discoveries may be patentable, the underlying natural principles themselves are not.
  2. Abstract Ideas and Mental Processes: Abstract concepts, mathematical formulas, algorithms, and purely mental processes are generally not considered patentable. However, practical applications of these ideas or algorithms may be eligible for patent protection.
  3. Printed Matter and Transitory Forms: Printed matter, such as books, newspapers, or other forms of recorded information, is generally not patentable. Similarly, transitory forms of signals or communication, such as radio waves or electronic signals, are not eligible for patent protection.
  4. Inventions Directed to Human Beings: Inventions that are directed solely to human beings, such as methods of human cloning or modifying the germline genetic identity, are generally considered non-patentable.
  5. Inventions Contrary to Public Policy or Morality: Inventions that are offensive to public morality, promote illegal activities, or violate public policy are not considered patentable. For example, inventions related to illegal drugs, human trafficking, or fraudulent activities would likely be excluded from patentability.
  6. Scientific Principles or Theories: Scientific principles or theories, as abstract concepts, are generally not considered patentable subject matter. However, practical applications or specific implementations of these principles may be eligible for patent protection.
  7. Naturally Occurring Substances: Naturally occurring substances, such as minerals, plants, or animals, are generally not patentable. However, artificially created or modified versions of these substances may be eligible for patent protection.
  8. Methods of Medical Treatment: Surgical methods, medical diagnostic methods, and certain methods of medical treatment are generally excluded from patentability. However, medical devices or tools used in these methods may be eligible for patent protection.

It’s important to note that the interpretation and application of patent law can evolve over time through court decisions, legislation, and administrative guidelines. Additionally, there may be exceptions and nuances within these categories. Therefore, consulting with legal professionals or patent agents is crucial to obtain specific guidance on the patentability of a particular invention. 

Conclusion

Patents play a crucial role in protecting and encouraging innovation by granting inventors exclusive rights to their inventions. However, not all inventions can be patented. Understanding the criteria for patentability is essential for inventors, researchers, and businesses seeking to safeguard their innovative.  

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