HomeIntellectual Property LawsInventions Patentable and Non-patentable

Inventions Patentable and Non-patentable

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:

  1. Novelty: The invention must be new and not previously disclosed or made available to the public.
  2. Inventive step or non-obviousness: The invention must not be obvious to a person having ordinary skill in the relevant field of technology.
  3. Industrial applicability: The invention must have practical use and be capable of being made or used in an industry.

Patentable Inventions

  1. Machines: Any mechanical or electrical device that performs a function or achieves a result can be patentable.
  2. Processes: Any process or method that performs a function or achieves a result can be patentable.
  3. Chemical compositions: Any new or improved chemical composition can be patentable.
  4. Designs: Any new or ornamental design for an article of manufacture can be patentable.
  5. Plants: Any new and distinct variety of plant that has been asexually reproduced can be patentable.

Examples of patentable inventions

  1. Machines and mechanical devices
  2. Chemical compounds and pharmaceuticals
  3. Computer software and hardware
  4. Biotechnology and genetic engineering
  5. New plant varieties
  6. Business methods and processes
  7. Medical devices and instruments

Non-Patentable Inventions

  1. Laws of nature: Discoveries of natural phenomena, such as gravity or electromagnetic waves, are not patentable.
  2. Abstract ideas: Purely abstract ideas or concepts, such as mathematical formulas, are not patentable.
  3. Natural substances: Naturally occurring substances, such as minerals or elements, are not patentable.
  4. Inventions that are offensive to public order or morality.

Examples of Non-patentable Inventions

  1. Natural phenomena, such as a law of nature, a naturally occurring substance, or a scientific principle.
  2. Abstract ideas or concepts, such as mathematical formulas or algorithms.
  3. Literary, dramatic, musical, or artistic works, such as novels, plays, songs, or paintings.
  4. Inventions that are contrary to public order or morality, such as methods of human cloning or nuclear weapons.

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