What can I patent? What can’t I patent?

A patent can be acquired for any new and useful process, machine, manufacture, or composition of matter. Also any improvements made to the previous items that essentially enhances their usefulness can be patented. The terms process, machine, manufacture, and composition of matter are defined by law as the following:

Process: a process, act, or method. Business method patents (essentially processes) have been patentable since 1999.

Machine: an apparatus

Manufacture: an article that is made (manufactured)

Composition of Matter: a chemical composition, including mixtures of ingredients and new chemical compounds

A patent cannot be acquired for any simple thought. The idea must be translated into an actual patentable item, like any of the above described ones, as patents require detailed descriptions for the created work. Furthermore, any laws of nature or physical phenomena have been established by the courts as unpatentable subject areas. In 1954, the Atomic Energy Act specifically excluded the acquiring of patents that refer solely to the utilization of special nuclear material or atomic energy in an atomic weapon.

For more information on intellectual property, please visit Patent, Trademark, Copyright Information.

The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

C2008, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.