Understanding what can be patented is crucial for inventors and businesses alike. Patents provide exclusive rights to an invention, thereby offering protection and potential commercial advantages. However, not every creation qualifies for patent protection. 

Under U.S. patent law (35 U.S. Code § 101), patentable subject matter falls into four main categories:

1. Processes – Methods of doing or making things, including business methods and software processes
2. Machines – Devices or apparatus with moving parts or electrical components
3. Manufactures – Manufactured articles and products
4. Compositions of Matter – Chemical compositions, metallurgical alloys, and other material combinations

To be patentable, an invention must fit into at least one of these categories and meet the additional requirements outlined below.

What Are the Requirements to Obtain a Patent?

To qualify for patent protection, an invention must satisfy these key criteria:

1. Novel (35 U.S. Code § 102)

The invention must be new and not previously known to the public. This means it cannot have been:

• Previously patented
• Described in a printed publication
• In public use
• On sale
• Otherwise available to the public

2. Non-Obvious (35 U.S. Code § 103)

The invention must not be obvious to a person having ordinary skill in the relevant field. It should represent a sufficient advancement over existing technology that wouldn’t be readily apparent to experts in the field.

3. Useful (35 U.S. Code § 101)

The invention must have practical utility and serve some beneficial purpose. It must work as described and accomplish its intended function.

It’s important to note that patent laws can vary significantly between countries. What’s not patentable in one jurisdiction might be patentable in another.

What is Not Patentable?

Several categories of subject matter are explicitly excluded from patent protection:

1. Laws of Nature – Natural phenomena and scientific principles
2. Natural Products – Substances occurring in nature without significant modification
3. Abstract Ideas – Mathematical formulas, mental processes
4. Human Organisms – Including genes as they occur in nature

What Do You Need to File a Patent Application?

There are different types of patents that can be applied for. Understanding the nuances of different patent types, their application formats, and requirements is crucial. While each patent type may have different filing formats, with all types, thorough preparation increases the likelihood of success during patent prosecution. 

Seek Help From a Patent Lawyer

While understanding patent basics is important, navigating the complexities of patent law often requires professional expertise. Remember that patent protection is territorial – you’ll need to file in each country where you want protection. A patent lawyer can help develop and execute a global intellectual property strategy aligned with your business goals.