Not every invention is patentable in the United States. Any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements thereof, may obtain a patent."

1. Processes (or methods, primarily industrial or technical),

2. Machines,

3. Manufacture (articles, which are made),

4. Compositions of matter (chemical mixtures of ingredients, and new chemical compounds),

5. Processes involving new uses of known processes, machines, manufactures or compositions of matter,

6. Improvements in any of the above, and

7. Asexually reproduced plants.

Unpatentable subject matter includes: plans for doing business, business forms, perpetual motion machines, promotional advertising schemes, intended results of desired goals, functions (without apparatus), nebulous concepts or ideas, and laws of nature. Desired functions are not patentable. It is the thing or the method that can be patented, not the result.

Other general requirements for patentability are that the invention must not be frivolous or contrary to public policy or to the public welfare.

Regardless of the type of invention for which a patent is sought, there are three general requirements for patentability, which are critically important. A patentable invention must be new, useful and unobvious.

USEFUL

The term useful in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

NOVELTY

In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if;

(a) "The invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent", or

(b) "The invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States."

In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she/they must apply for a patent before one year has gone by, otherwise any right to a patent will be lost.

OBVIOUSNESS

The subject matter sought to be patented must be sufficiently different from what has been used or described before so that it may be said to be unobvious to a person having ordinary skill in the area of technology related to the invention. For example, the substitutions of one material for another, or changes in size, are ordinarily not patentable. With the known prior art in mind, to be patentable, an invention must differ from the prior art in a way that is not just an obvious change or addition.

ATTORNEYS AND AGENTS

The preparation of an application for patent is an undertaking requiring the knowledge of patent law and Patent and Trademark Office practice. Inventors may prepare their own applications and file them, but unless they are familiar with these matters or study them in detail, they may get into considerable difficulty. While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention.

Most inventors employ the services of registered patent attorneys or patent agents.

EXAMINATION OF APPLICATION

The examination of the application consists of a study of the application for compliance with legal requirements and a search, to see if the claimed invention is new and unobvious. A decision is reached by the examiner in the light of the study and the results of the search.

If the invention is not considered patentable subject matter claims will be rejected. It is not uncommon for some or all of the claims to be rejected on the first action by the examiner; relatively few applications are allowed as filed. The applicant must then request reconsideration in writing, and must distinctly point out the supposed errors in the examiner's action. After response by the applicant the application will be reconsidered. The second Office action usually will be made final.

MARKETING ASSISTANCE

There are organizations, which can tell you how and where you may be able to obtain assistance in developing and marketing your invention?

You may inquire of such organizations as chamber of commerce, and banks. Many communities have locally financed industrial development organization, which can help you locate manufacturers and individuals who might be interested in promoting your idea.

In nearly all states there are state planning and development agencies or departments of commerce and industry which seek new product and new process ideas to assist manufacturers and communities in the state. If you do not know the names or addresses of your state organizations, you can obtain this information by writing to the governor of your state.

The Patent and Trademark Office cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention. However, the Office will publish, at the request of a patent owner, a notice in the Official Gazette that the patent is available for licensing or sale. The fee for this is $20.00.

Source information derived from: "General Information Concerning Patents - U.S. Department of Commerce - Patent and Trademark Office.

Key Link: - What is a patent?

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