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"The value of an idea lies in the using of it."
Thomas Edison
Help With Your First Invention - What I Cannot Patent
Introduction
In my previous article (Your First Invention - What Can I Patent) I have discussed what
United States Patent And Trademark
Office(USPTO)
considers patentable. Now, I will try to explain what is not patentable and
provide a few examples.As an introductory example, let us consider a biologist
who found in nature a new plant. Can this biologist receive a patent on the
plant in question? The answer is a resounding 'No'.
Things to Avoid
USPTO will never grant Patent protection on the following things:
The laws of nature And Things Found in Nature
Physical Phenomena
Abstract Ideas
Invention that does not serve a useful purpose
Printed Materials
Literary and Musical Works
Obvious Invention
The laws of nature are not Patentable
According to the list above, a Plant found in nature falls under category of "Things
Found in Nature" and hence, is not covered by Patent protection. Isaac Newton would
have never been granted Patent on his "Laws of Mechanics" (even though he is considered
the father of modern mechanics) because his laws are formulating the laws of nature.
Idea versus Invention
In my other article, (Separating Idea from Invention), I've already explained the difference between an
Idea and Invention. Briefly, an idea is something abstract that cannot be touched
(it is not physical). Invention, on the other hand, is physical. One can think of
Invention as a well-thought idea that was finally shaped and re-shaped into final
form by an inventor after a long and arduous process of thinking, analyzing, designing
and re-designing. Because Ideas are too abstract and general, USPTO will never grant
Patent on them. And this is a good thing - otherwise every general concept or idea
would have been patented by now!
Invention has to serve a useful Purpose
In the same vein, USPTO will never grant patent protection on Invention that
doesn't serve a useful purpose. For example, an industrial-size machine whose
main purpose is to produce bird-chirping sounds will not get Patent protection;
on the other hand, an industrial size apparatus that improves existing process
of organic synthesis will be considered by USPTO.
Invention cannot be too obvious
One other property of Patentability is the notion that Invention cannot be
too obvious. Presume that a Design Patent was granted on an ornamental lamp
made of blue glass. If someone decides to replace a blue glass with another one,
made of different color - should patent be granted to the new "design"? The
answer is "No" simply because cosmetic changes are not patentable! In fact,
USPTO will only grant patent on an Invention that is not too obvious to the
person who is skilled in the technical field of an invention.
Summary
In this article we've touched base on things that are not considered Patentable
by the USPTO. Most of these items are quite obvious but one needs to keep them
in mind just to avoid confusion later on. My only hope is that a good inventor
will skim the list of items mentioned in the article and find them not
applicable to his invention!
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