PatentsPatents

Patent LawPatent Law

• Protects inventionsProtects inventions• Invention is both a process and the Invention is both a process and the

thing resulting from the invention thing resulting from the invention processprocess

• Patent – a limited monopoly Patent – a limited monopoly granted by government to the first granted by government to the first creator of a useful, novel, and non-creator of a useful, novel, and non-obvious inventionobvious invention

A Bargain Between Society A Bargain Between Society and the Inventorand the Inventor

• Inventor receives a monopoly to Inventor receives a monopoly to exploit the inventionexploit the invention

• The invention must be “qualified” The invention must be “qualified” through stringent patentability through stringent patentability standards before the patent is issuedstandards before the patent is issued

• The patent is limited to a fixed term The patent is limited to a fixed term (20 years)(20 years)

• Investor must publicly disclose the Investor must publicly disclose the invention’s secretsinvention’s secrets

All Parties BenefitAll Parties Benefit

• The patent is an incentive to be The patent is an incentive to be innovativeinnovative

• Disclosure adds new knowledgeDisclosure adds new knowledge• Useful new information becomes Useful new information becomes

availableavailable• The invention eventually becomes The invention eventually becomes

part of the public domainpart of the public domain

Patentable Subject MatterPatentable Subject Matter

Subject Matter

Definition Examples

Machine Mechanism with parts organized to cooperate in motion to produce predictable results

Engine, appliance, computer, vehicle

Manufacture

Articles produced by labor or machinery in which new form and characteristics are given to raw or processed materials and/or components

Catchall category, includes most goods as well as machines and composition of matter

Composition of matter

Combinations of two or more substances; composite articles derived from chemical union or mechanical mixture, including gasses, liquids, powders, and solids

Molecules, chemical compounds, life forms

Processes Art or method and includes a new use of a known process, machine, manufacture, composition of matter, or material; also treatment of materials, act or series of acts that transform a subject matter

Chemical production, business methods, software, new uses of known materials

Non-Patentable Subject Non-Patentable Subject MatterMatter

• Naturally occurring things, such as Naturally occurring things, such as life formslife forms

• Abstract ideas, laws of nature, and Abstract ideas, laws of nature, and mathematical formulaemathematical formulae

Recently Accepted PatentsRecently Accepted Patents

• BiotechnologyBiotechnology• Computer SoftwareComputer Software• Methods of Doing BusinessMethods of Doing Business