Inventions that are novel, non-obvious, and useful are generally patentable. However, there are certain categories of inventions that are non-patentable.
In general, an invention is patentable if it meets the following requirements:
- Novelty: The invention must be new and not previously disclosed or made available to the public.
- Inventive step or non-obviousness: The invention must not be obvious to a person having ordinary skill in the relevant field of technology.
- Industrial applicability: The invention must have practical use and be capable of being made or used in an industry.
Patentable Inventions
- Machines: Any mechanical or electrical device that performs a function or achieves a result can be patentable.
- Processes: Any process or method that performs a function or achieves a result can be patentable.
- Chemical compositions: Any new or improved chemical composition can be patentable.
- Designs: Any new or ornamental design for an article of manufacture can be patentable.
- Plants: Any new and distinct variety of plant that has been asexually reproduced can be patentable.
Examples of patentable inventions
- Machines and mechanical devices
- Chemical compounds and pharmaceuticals
- Computer software and hardware
- Biotechnology and genetic engineering
- New plant varieties
- Business methods and processes
- Medical devices and instruments
Non-Patentable Inventions
- Laws of nature: Discoveries of natural phenomena, such as gravity or electromagnetic waves, are not patentable.
- Abstract ideas: Purely abstract ideas or concepts, such as mathematical formulas, are not patentable.
- Natural substances: Naturally occurring substances, such as minerals or elements, are not patentable.
- Inventions that are offensive to public order or morality.
Examples of Non-patentable Inventions
- Natural phenomena, such as a law of nature, a naturally occurring substance, or a scientific principle.
- Abstract ideas or concepts, such as mathematical formulas or algorithms.
- Literary, dramatic, musical, or artistic works, such as novels, plays, songs, or paintings.
- Inventions that are contrary to public order or morality, such as methods of human cloning or nuclear weapons.