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Patentable subject matter

The standard for what is patentable subject matter in the United States is "anything under the sun made by man" that is new (novel), useful, and non-obvious. Similar standards for patentability apply in Japan and the European Patent Office (EPO).

Under US law, a claimed invention is deemed useful if, at the time of filing, it is capable of providing some identifiable benefit (to a person of ordinary skill in the art of the invention). The benefit must be specific, substantial, and practical.

Generally speaking, there are three broad categories of patentable subject matter: processes, machines and articles of manufacture and use.

A process could be a method for making something, a method for using something, or a method for doing something. Processes include business methods, most software, medical techniques, sports techniques and the like. Machines include devices and apparatuses. Articles of manufacture include mechanical devices, electrical/electronic devices and compositions of matter such as chemicals, medicines, DNA, RNA, etc.

However, laws of nature, physical phenomena, and abstract ideas are not patentable. Software inventions implementing algorithms are not patentable for this reason unless it produces a "useful, concrete, and tangible result" (US law) or technical effect (European law). The US standard for the patentability of software is more liberal than that in Europe. Japanese patent law lies between the US and Europe.

The patentability of software (and business methods) is quite controversial from a global perspective. Case law in the United States permits patents for software and business methods. Yet computer programs as such are not patentable in Europe, although some inventions that use software can be patented in Europe.

Patents related to natural compounds (e.g. items found in rainforests) as well as medicines, medical treatment techniques, and genetic sequences are also controversial. There are significant country-by-country differences in handling these subject matters. For example, in the United States you can get a patent for a surgical method but you cannot enforce your right to exclude.


Related Readings:
Patent
A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or substance (known as an invention) which is new, inventive and useful.
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Patent Pending: What Does It Mean?
Many companies begin manufacturing and selling their new product (a.k.a. their invention) to the marketplace before their patent is officially granted. They use the term “patent pending” to indicate that the product is proprietary and a patent is (just like the term states), pending.
read on...

Patentable subject matter
The standard for what is patentable subject matter in the United States is "anything under the sun made by man" that is new (novel), useful, and non-obvious. Similar standards for patentability apply in Japan and the European Patent Office (EPO).
read on...

Patent Infringement
In law, a patent infringement occurs when the subject-matter claimed in a patent has been utilized by someone other than the rightholder, without the owner's approval or in disagreement with the terms of use given by the owner.
read on...

First to invent
The first to invent policy is a controversial patent law doctrine only used in the United States to decide which inventor shall be awarded a patent in case two or more of them reached the same invention independently at about the same time.
read on...

Term of patent
The term of a patent is the maximum period during which it can be maintained into force. It is usually expressed in number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, renewal or maintenance fees have to be regularly paid in order to maintain the patent into force.
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