Aspiring inventors often wonder, "What do patents protect?" A patent legally prevents anyone other than the applicant from manufacturing, distributing or selling an invention for 20 years (14 for designs), and patent infringement is a serious violation of this protection. Because filing a patent application is detailed and expensive, it's important to know exactly what can and cannot be patented. Any violation of a patent can result in a patent infringement claim and usually leads to a patent lawsuit.
What can be patented?
Patents protect a variety of new, useful and non-obvious inventions by any person. Items can be patented if they meet the qualifications set out by the United States Patent and Trademark Office (USPTO). Patents can apply to any newly invented machine that is considered useful. Patents also apply to something that can be manufactured.
Composition of matter is also included in the language of the USTPO statute. This category covers chemical compositions, new combinations of existing ingredients and newly discovered chemical compounds. Even a process can be patented, and this applies to any technical or industrial process. The key aspect that the USPTO looks at when considering an application for a patent is its usefulness. The item or process must be considered useful in the intended niche for which it was developed.
What cannot be patented?
Patents exist to protect actual items, processes, machines and chemical compositions. The ideas behind any one of these inventions cannot be patented. Suggestions, brainstorming ideas and abstract ideas cannot be patented-it must be upon the concrete subject matter. For example, if an inventor has an idea for a machine, he must provide detailed diagrams, abstracts and specs on that machine rather than just suggest the function of that machine.
Furthermore, patents cannot be obtained for naturally occurring phenomena, artistic works like music or literature or inventions that will offend the majority of the public. Nobody can patent a copyright, trademark, logo or slogan, either. Other items excluded from patents are mathematical techniques, scientific discoveries in nature or most living things. Certain living things can be patented, such as genetically altered bacteria or an engineered hybrid plant. Inventions for nuclear material for atomic weapons are prohibited from being patented as of the Atomic Energy Act of 1954.
Before you embark on the lengthy patent process, knowing what can and cannot be patented may help your chances of success. Keep in mind that you need to have diagrams and specs that prove your idea is something special.
 | Want to know how to get a patent? The application process will require some work, but the patent should protect your invention for 20 years. |
 | How long does a patent last? A patent actually lasts a long time-20 years from the time of application, and 14 years for design patents, but your patent can expire early in some cases. |
Who was the first woman to receive a patent? The first woman to earn this honor created a method of combining straw and silk to create better hats. |
Learning how to patent an idea isn't as easy as you might think. You need to determine what kind of patent you need, and then you need to fill out plenty of paperwork to prove the originality of your invention. |
"What is a utility patent?" will be one of your first questions when you apply for a patent, but the answer is actually straightforward. A "utility patent" covers either a useful invention or an improvement of a process. |
