An example would be a bicycle, airplane engine or an electric drill. What makes it novel is a new way of combining existing parts. An article produced from raw or prepared materials by changing their form, shape or other properties. Such as coated wires, plastic tubes used in surgery, construction materials. What makes it novel is new ways of producing the article or the use of new raw or prepared materials. Composition of Matter.
All compositions of two or more substances: mechanically, chemically or by other means. An example would be: a new drug or a new food ingredient. What makes it novel is a new chemical or mixture of existing substances. The categories are broad and your invention may qualify under one or more category.
For example, you may invent a new machine that works with several other machines. Your invention may be both the new machine and the process to integrate it with other machines. In that case it is a good idea to claim the machine itself and the process for integrating the machine separately. What Kinds of Patents Can You Get Outside of the United States Every nation in the world has its own patent laws and obtaining international protection means filing for a patent in each nation where you want protection.
About the Author Joe Runge, Esq. Related Topics. Facebook Twitter. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
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Aside from these few categories, virtually anything that is new, useful, and nonobvious can be patented. To fully appreciate the bizarre range of inventions accepted by the Patent Office, visit the online patent database at www. One of my favorite intellectual curiosities is studying perpetual motion machines. Since a perpetual motion machine has never been built, it is not that difficult a subject to study. Although the exact definition of what constitutes a perpetual motion machine remains unsettled, at minimum it consists of a machine that, once set in motion, will continue in motion without ever stopping and without the influence of any further forces required to keep it going.
An example would be a pendulum that, once started, never stops. The obvious problem with perpetual motion machines is that in our earthly world, negative outside forces such as friction and gravity always work to retard and prevent true perpetual motion.
More importantly from a patent definition standpoint, since a perpetual motion machine can never do work, otherwise the energy in the system would quickly be drained, can it really be called a machine? To the USPTO, an invention has utility when it has a benefit to people or helps someone finish specific tasks.
The bar is low for this standard. Even humorous items like mounted fish that sing qualify as useful. Note that the invention technically has to work. The inventor only has to prove this in theory, though. Unlike design or plant patents, the utility patent doesn't require immediate proof. Most inventions pass the utility test. It's an easy part of the application process.
Any applicant who cannot clear this standard shouldn't bother filing. Only a utility patent must meet the utility requirement.
Plant and design patents don't need to show utility. This standard is difficult to meet because the decision is subjective.
One person might call an invention non-obvious while someone else might say that it is obvious. The applicant can only guess what the patent officer will think. The other issue is that the determination of non-obvious happens well after the fact. What seemed non-obivious at the time of the invention may look different a couple of years later when the application ruling occurs.
The delays in the patent process add complexity to the non-obvious test. A good examiner can avoid the issue by focusing on prior art references exclusively. This is the data that existed when the invention occurred. Here's an example. Let's say that someone invents a transportation systems that can take someone to Mars overnight. It's a historic breakthrough in space travel that will probably have applications on Earth travel, too.
Six years from now, space travel could seem as ordinary as driving a car. The patent office employee who judged the patent on that day would have a much different point of view than someone looking at it in the past.
A patent officer who relied on prior art would appreciate that change in perception. Meanwhile, someone who used a new material to build a boat wouldn't pass the non-obvious test. Getting a patent is difficult.
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