Knowing what you can patent is key to protecting your business ideas. A patent gives you the legal right to stop others from making, using or selling your inventions.
However, not everything can be patented. Below are some key legal considerations.
What can be patented?
To be patentable, an invention must be new, useful and not obvious. The U.S. Patent and Trademark Office (USPTO) allows patents for:
- Processes, such as methods of manufacturing or doing business
- Machines, including mechanical devices and tools
- Articles of manufacture, like physical products or parts
- Compositions of matter, such as chemicals or pharmaceuticals
- Improvements to any of the above categories
Your invention must be fully described, clearly claimed, and not publicly disclosed before filing.
What cannot be patented?
Certain things are not eligible for a patent. These include:
- Abstract ideas or mental processes
- Laws of nature and natural phenomena
- Mathematical equations
- Basic software algorithms without a practical application
- Human beings or naturally occurring genes
Courts in Texas and across the U.S. have confirmed that you cannot patent something that exists in nature or is too broad or theoretical.
Patents can help your business grow and protect your brand. They can attract investors, deter copycats and add value to your business.
Patent law can be very complicated, and it is essential to have accurate information before filing. To place yourself in a strong position, it is wise to seek legal guidance.