WHAT IS PATENTABLE?

In the language of the statute, any person who "invents or discovers any new and useful":

  1. Process;
  2. Machine;
  3. Manufacture;
  4. Composition of matter; or
  5. Improvement thereof;

may obtain a patent subject to the conditions and requirements of the law. After much litigation, patentability has been established for genetically-engineered microorganisms and computer software-based inventions.

The term "process" is defined by law as a process, act or method, and primarily includes industrial and technical processes. An extreme example of a patentable process is a method of folding a blanket.  The term "manufacture" refers to articles which are made, and includes all manufactured articles. Examples include shoes, chairs, computers, machinery, toys, and pens.  The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds.

 The USPTO does not require the inventor to understand how or why their invention works. Also, the inventor does not need a prototype to receive a patent.  The inventor must only be able to describe the invention in sufficient detail so that one skilled in the art may construct the invention from the disclosure within the patent.




LEGAL DISCLAIMER: This web site provides general information only, not legal advice. You should not act upon this information without independent legal counsel. You must read and agree to the Terms of Service before viewing this web site. The NIFC is not associated with any Federal or State government agency.  If you have been harmed by an invention marketing company or patent attorney, you should immediately seek the legal assistance of a reputable attorney licensed in your state.  Michael S. Neustel is licensed to practice law only in North Dakota and in the United States Patent & Trademark Office.  Michael S. Neustel is the owner of Neustel Law Offices, LTD and Neustel Software, Inc.   Statements made in this web site are merely opinions of the National Inventor Fraud Center, Inc. and should not be interpreted as factual.  Neither Michael S. Neustel nor the NIFC market inventions, provide market analyses or provide marketability analyses for inventors.  You are strongly encouraged to investigate any company or law firm you plan to work with and do not rely solely upon this web site when selecting a company to work with. Only you can determine if the companies listed on this web site are reputable or not.

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