What can you Patent?

Utility patents

Utility patents protect new and useful processes, machines, manufactured articles, or composition of matter, or any new and useful improvement thereof.

Examples include:

• The telephone (Alexander Graham Bell's patent)
• The computer mouse (Douglas Engelbart's patent)
• The light-emitting diode (LED) (Nick Holonyak Jr.'s patent)
• The jet engine (Frank Whittle's patent)
• The barcode (Norman Joseph Woodland and Bernard Silver's patent)
• The Post-it Note (Arthur Fry and Spencer Silver's patent)
• The 3D printing technology (Chuck Hull's patent)
• The MP3 audio compression technology (Karlheinz Brandenburg's patent)

Design patents

Design patents protect new, original, and ornamental designs for an article of manufacture.

Examples include:

• The design of the Coca-Cola bottle (The Coca-Cola Company's patent)
• The design of the Apple iPhone (Apple Inc.'s patent)
• The design of the Lego brick (The Lego Group's patent)
• The design of the iconic Tiffany lamp (Louis Comfort Tiffany's patent)
• The design of the Eames Lounge Chair (Charles and Ray Eames's patent)
• The design of the original Hershey's Kisses chocolate (The Hershey Company's patent)
• The design of the Converse All-Star sneakers (Marquis M. Converse's patent)

Plant patents

Plant patents protect asexually reproduced new and distinct varieties of plants.

Examples include:

• The "Bravo" variety of strawberry plant (University of California's patent)
• The "Peace" rose (Jackson & Perkins Wholesale's patent)
• The "Crimson Crisp" apple tree (Okanagan Plant Improvement Corporation's patent)
• The "Flame Seedless" grape variety (E. & J. Gallo Winery's patent)
• The "Tomaccio" tomato variety (Seminis Vegetable Seeds' patent)
• The "Ever Red" raspberry variety (Driscoll's patent)
• The "Sweet Caroline" sweet onions variety (Sakata Seed America's patent)
• The "Sugar Snap" pea variety (Pegasus Agriculture's patent)

It's worth noting that these are just a few examples, and there are many other types of patents and examples of patented items. Additionally, the specific requirements and laws regarding what can be patented may vary from country to country.

Patent Requirement

Determining whether a patent is new, useful, and non-obvious is a key step in the patent application process. Here is an overview of how each of these criteria can be evaluated:

New: To be considered new, an invention or discovery must not have been previously patented or described in any publication before the date of the patent application. This is known as "novelty."

Useful: To be considered useful, an invention or discovery must have some practical application or utility. This requirement is known as "utility."

Non-Obvious: To be considered non-obvious, an invention or discovery must not be obvious to a person having ordinary skill in the relevant field. This requirement is known as "non-obviousness."

In order to determine if a patent is new, useful, and non-obvious, a patent search is usually conducted to find any prior art (any previously existing patents or publications) that might be relevant. The patent search is usually done by a patent attorney or agent. After the patent search, the patent attorney or agent will provide an opinion on the patentability of the invention or discovery.

Additionally, a patent application will be examined by the patent office to determine if the invention or discovery meets the criteria of being new, useful, and non-obvious.

It is worth noting that the criteria of novelty, utility and non-obviousness may vary slightly across different countries.

What can you not Patent

There are certain things that cannot be patented, regardless of whether they are new, useful, or non-obvious.

These include:

Laws of nature: Natural phenomena, such as gravity or the laws of thermodynamics, cannot be patented.

Physical phenomena: Phenomena that occur in nature, such as the movement of the tides or the crystallization of a mineral, cannot be patented.

Abstract ideas: Purely conceptual ideas, such as mathematical formulas or certain types of business methods, cannot be patented.

Naturally-occurring living organisms: Life forms that are found in nature, such as plants or animals, cannot be patented. However, some countries may allow patents on genetically modified organisms.

Products of nature: Products that are extracted directly from nature, such as a mineral or a piece of wood, cannot be patented.

Prior art: Inventions that are already known or available to the public before the date of the patent application, also known as prior art, cannot be patented.

Inventions made by the government: Inventions made by the government employees in the course of their official duties are usually not patentable. It is worth noting that the specific laws regarding what can and cannot be patented may vary from country to country.

Can you Patent an Expired Idea?

Whether you can patent an idea that used to have a patent but has since expired depends on the laws of the country in which you are seeking the patent. In general, if a patent has expired, the invention or discovery it covered is considered to be in the public domain and can be freely used by anyone.

In most countries, you cannot patent an idea that was previously patented but has now expired. This is because once a patent has expired, the invention or discovery it covered is no longer considered new or inventive, which are two of the key criteria for obtaining a patent.

However, there are some exceptions to this rule. In some countries, a person can still obtain a patent for an invention that was previously patented but has now expired, provided that they can show that their invention is a significant improvement over the previous invention.

It is important to note that even if you cannot obtain a patent for an expired patent idea, you may still be able to protect your idea in other ways. For example, you may be able to keep the details of your idea secret by using trade secret laws or through non-disclosure agreements. You could also develop a unique brand or trademark to help protect your idea from being copied or imitated by others.

Conclusion

A patent can be obtained for a new, useful, and non-obvious invention or discovery in any field of human endeavor, including machines, manufactures, compositions of matter, certain types of plants, and certain types of processes or methods.

Things that cannot be patented include laws of nature, physical phenomena, abstract ideas, naturally-occurring living organisms, products of nature, prior art and inventions made by the government.

Inventive step, also known as "non-obviousness," refers to the requirement that an invention or discovery must not be obvious to a person having ordinary skill in the relevant field. The invention or discovery must represent a significant leap forward, or an innovative and creative solution to a problem.

If a patent has expired, the invention or discovery it covered is considered to be in the public domain and can be freely used by anyone. However, in certain cases, you may be able to patent an improvement or variation of an expired patent.

The standard for evaluating non-obviousness may vary from country to country, and it's best to check with a patent attorney or agent who can give you more information about the specific laws in your country.