Guide of Patent Protection

Have you ever thought to yourself, “I wonder if my idea can be patented?” I know I have! There isn’t a day that goes by that I don’t have some sort of new epiphany. This huge idea almost always needs to be measured against the rules that regulate filing a patent. Most people are unaware of these rules. I want to change that.

First, let’s mention a few of the items that cannot be patented. If your invention is a process that can only be performed mentally, it is not patentable. The government does not wish to limit what can be performed only in one’s mind. All processes must be able to take some practical form. The same goes for any idea. It must be able to do something useful and tangible.

If your invention cannot do what it is claiming to do, such as perpetual motion machines, controlled and predictable time travel, or machines that produce more energy than they consume, it cannot be patented. It is important to understand that your ideas must be supported by our current laws of physics. As the laws of physics evolve, so to will the laws of patents. You cannot file a patent application on human beings such as clones, nor can you patent atomic energy fueled inventions. If your ideas include patenting a human clone, such as yourself, or a machine, like a watch, clothes dryer, or other item that runs on or uses atomic energy, you will not be granted a patent.

Now that we understand some of what cannot be patented, let’s look at what can. These are the five classes of items and a brief definition of what congress has deemed patentable:

1. Machines can be patented. A machine is any inanimate tool or combination of tools that perform a useful and beneficial result.

2. Articles of manufacture can be patented. An article of manufacture is defined as any physical and or tangible object that can be crafted using possible methods of manufacturer. Again, those methods of manufacture must be supported by current laws of science and physics

3. Process or type of method patent applications can be filed. Process or method is a way of doing or accomplishing a desired result. One recent process or type patent awarded rights to an individual for a new way of holding a gold club. As long as you can prove a useful and beneficial result, your process, including computer programs that just generate random pictures, can be patented.

4. Composition of a substance can be patented. Composition is defined as the special chemical make up of a product. This specific makeup has useful and beneficial results.

5. Any new uses of the first four classes. This statement is very powerful. It allows anything that can be patented, even if it has been patented in one embodiment, to be patented in a new and useful way. If you can prove that an existing patent has a new embodiment, then you have a new patent.

In summary, just because an item isn’t patentable today does not mean it won’t be in the future. You can file a patent for a new embodiment of any item, as long as it produces a beneficial and tangible result, even if it has been patented before. You may be the person who patents a new style of soccer kick, or lead pencil. The possibilities are endless.