Students will learn the Introduction to Patents and Patents Search.
Can you patent an idea?
- What is the idea?
- Idea is a machine, process, manufacture, or composition of matter
What are the types of inventions that can be patented?
- protected by utility patents.
- protected by design patents.
- protected by plant patents.
- Compositions of matter
Excluded - depends on a country
- Scientific Theories
- Mathematical Models
- Plant or Animal Variety
- Commercial or Business Methods
- Computer Programs per se
- Diagnostic or Surgical Methods for treatment of humans or animals (opposed to medical products)
- Any type of surface ornamentation
- Any new and distinctive plants
Legal Requirements to get a Patent
- Is your Invention Useful?
- Utility Requirement
- Is your Invention a Machine, Process, Manufacture, Composition of Matter
- Eligibility Requirement
- Is your Invention New?
- Novelty Requirement
- Is your Invention Not-Obvious?
- Non-obviousness Requirement
A process is a series of steps, acts, or methods.
- patent on the method of doing something.
- Different method claims can protect different aspects of the invention.
A machine is an apparatus or a group of assembled components that achieves a result.
- Examples: a computer, a car, and a desk.
Material that is milled, cut, treated into a new form, quality, or property.
- similar to a machine, and in some instances, the subject matters overlap.
- distinction is that a manufacture is a single piece of material that is shaped, whereas a machine is assembled components.
- Examples: screwdriver tip, screw or nut.
Composition of matter
- A composition of matter is a composition of two or more substances.
- chemically or mechanically joined
- Gasses, fluids, powders, or solids are forms of a composition of matter.
- Examples: concrete, fiberglass, and ceramic.
Novelty Requirement: Is the invention novel?
- Inventor can disclose the invention to others before filing the patent application
- Inventors are not allowed to disclose the invention before filing of the patent application