WHAT IS A PATENT?

 

A patent is the grant of a property right by the federal government to an inventor. A patent gives "negative" rights to its owner. Instead of the right to make, use, sell, or import an invention, a patent is the right to exclude others from these activities. In general, a patent lasts 20 years from the date on which the application for it was filed.

 

WHAT CAN BE PATENTED?

 

A new and useful process, machine, manufacture, or composition of matter, or a new or useful improvement thereof, may be patented. Essentially, the items that can be patented encompass most man-made products and the processes for making them.

"Usefulness" means having a useful purpose and, in the case of a machine, being operable for the intended purpose.

The subject of a patent must also be non-obvious. "Non-obvious" means that the invention is different enough from existing technology and knowledge that it would not be obvious to a person with skill in the field.

 

WHAT CANNOT BE PATENTED?

 

Laws of nature, physical phenomena, and abstract ideas cannot be patented. For example, a patent can be granted for a new machine, but not on the idea or suggestion of the new machine.