As a patent attorney who have filed patents for startups that went public, I have seen many inventions in my practice. Patents can be granted for almost anything. Inventions are granted patents if they are novel, step ingenious, industrially applicable and are a patentable subject matter. A United States patent can cover a production process, a machine or tool, a composition, new plant species, or an upgrade of an existing invention. To obtain a patent, inventors must comply with specific government guidelines that I will discuss below.

It’s important to note that patents can take a long time to be granted, and the timing of your patent application may depend on the specific circumstances of your invention, your competition and the current state of your market. It is always recommended to consult a patent attorney or agent to ensure that your patent application is in the best possible state prior to submission.

Table of contents

  1. What inventions are eligible to be patentable?
  2. Is the invention novel?
  3. Is the invention non-obvious?
  4. Does the invention have industrial applicability?
  5. What is the “Patentable Subject Matter” requirement?
  6. Examples of patentable items
  7. What is not eligible for a patent?
  8. What type of invention qualifies for a Utility Patent?
  9. What type of invention qualifies for a Design Patent
  10. What Type of Invention Qualifies to be a Plant Patent?
  11. Conclusion

Examples of famous inventions

There are countless famous inventions throughout history, but here are a few examples of notable and influential inventions:

  1. The telephone: Invented by Alexander Graham Bell in 1876, the telephone revolutionized communication by allowing people to talk to each other over long distances.
  2. The lightbulb: Invented by Thomas Edison in 1879, the lightbulb transformed the way we light our homes and buildings, making it possible to have electric light.
  3. The airplane: Invented by the Wright Brothers in 1903, the airplane changed the way we travel, making it possible to fly over long distances in a relatively short amount of time.
  4. The assembly line: Invented by Ransom Olds in 1901 and perfected by Henry Ford, the assembly line made mass production of goods possible, revolutionizing the manufacturing industry.
  5. The computer: Invented by Charles Babbage in 1837, and developed by Alan Turing, John von Neumann and others, the computer has had a profound impact on nearly every aspect of modern life, from business to entertainment to science and technology.
  6. Penicillin: Discovered by Alexander Fleming in 1928, penicillin revolutionized medicine and saved countless lives by making it possible to effectively treat bacterial infections.
  7. The Internet: Developed by a group of scientists and engineers led by Vint Cerf and Bob Kahn in the 1970s, the Internet has changed the way we communicate, share information and conduct business.

These are just a few examples of famous inventions that have had a significant impact on the world. There are many more inventions out there that have changed the way we live and work.

What inventions are eligible to be patentable?

There are many different types of inventions that are eligible for patent protection, some examples include:

  1. Mechanical devices: This can include everything from simple mechanical devices such as gears and levers, to more complex machines like automobiles and aircraft.
  2. Electrical and electronic devices: Examples of this could be computer hardware and software, mobile phones, and other electronic devices.
  3. Medical devices: Medical devices such as surgical instruments, diagnostic equipment, and drug delivery systems can be patented.
  4. Biotechnology: Inventions in this field can include genetically engineered organisms, medical treatments, and diagnostic methods.
  5. Chemical compounds and processes: This can include new chemical compounds or new methods for making existing compounds.
  6. Business methods: In some cases, new methods for conducting business can be patented.
  7. Software: Novel software and computer-implemented innovations can be patented.
  8. Plant varieties: Asexually or sexually reproduced plant varieties can be patented.

It’s important to note that in order for an invention to be patentable, it must meet the requirements of novelty, non-obviousness and usefulness.

Is the Invention novel?

A patent application must state that the invention is new and not existing in relation to prior public knowledge and that it has never been used before.

The novelty requirement for a patent states that an invention must be new and not previously known or used by others. In other words, the invention must be different from anything that has been publicly disclosed, sold, or otherwise made available to the public before the date of the patent application.

To determine if an invention meets the novelty requirement, a patent examiner will conduct a search of prior art, which includes any previous patents, publications, and other publicly available information that may be relevant to the invention. If the examiner finds that the invention is not new and has been previously disclosed or made available to the public, the patent application will be denied.

Additionally, an invention will not be considered novel if it was made publicly available by the inventor, or someone who obtained the invention from the inventor, more than one year prior to the date of the patent application. This is referred to as the “grace period.”

It’s important to note that novelty is not the only requirement for a patent, an invention must also be non-obvious and useful to be patentable.

What makes an invention novel?

For an invention to be novel, the applicant must verify that the invention meets the following standards:

• There is no earlier patent.
• The invention has not yet been published.
• There are no published applications for the invention.
• There are no public versions of this invention.
• An earlier version of the invention cannot have been sold by the inventor.

Is the Invention Non-Obvious?

The non-obviousness test, also known as the non-obviousness standard, is used by the United States Patent and Trademark Office (USPTO) to determine whether an invention is eligible for patent protection. The non-obviousness test is used to establish whether an invention is sufficiently different from what is already known that it would not have been obvious to a person of ordinary skill in the field of the invention.

The non-obviousness test is a legal standard that is applied to determine whether an invention would have been obvious to a person having ordinary skill in the relevant field at the time the invention was made. To determine non-obviousness, the USPTO will consider various factors such as:

  • The scope and content of prior art references
  • The differences between the prior art and the claimed invention
  • The level of ordinary skill in the relevant field
  • Any secondary considerations, such as commercial success or long-felt but unresolved need.

If the USPTO determines that the invention would have been obvious to a person of ordinary skill in the relevant field, the patent application will be denied.

It’s important to note that non-obviousness is not the only requirement for a patent, an invention must also be novel and useful to be patentable.

Does the Invention have industrial applicability?

For an invention to be eligible for a patent in the United States, it must have industrial applicability. This means that the invention must be useful and have a specific, practical application. While the term Industrial Applicability is typically applied to EPO patent requirements, it does have a counterpart in the US.The utility requirement is established by 35 U.S.C. 101, which states that “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may be patented”.

The invention must demonstrate a specific, practical and useful application, not just a theoretical one. The invention must be able to be made or used in an industry, that is, it must be capable of being made or used in a practical way.

Thus, in addition to the requirement of industrial applicability, an invention must also meet the requirements of novelty, non-obviousness and usefulness/industrial applicability to be patentable.

what is the patentable subject matter requirement?

The patentable subject matter requirement is a legal requirement that stipulates what types of inventions can be protected by a patent. This requirement is established by 35 U.S.C. 101 of the United States Patent Act, which states that patents can be issued for any “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”

This means that in order for an invention to be eligible for a patent, it must be a new and useful process, machine, manufacture, or composition of matter, or an improvement of one of these categories. The invention must also be novel, non-obvious, and have industrial applicability.

It’s important to note that certain types of subject matter are specifically excluded from patent protection, such as laws of nature, natural phenomena, and abstract ideas. Additionally, certain types of subject matter, like living organisms and certain types of software, have been the subject of legal and regulatory changes over time, and may be more restricted than other types of subject matter.

It’s always a good idea to consult with a patent attorney or agent to determine if an invention is eligible for patent protection and to understand the current state of laws and regulations in this field.

What is not eligible for a patent?

In the United States, certain types of subject matter are specifically excluded from patent protection by the Patent Act. These include:

  1. Laws of nature: Natural phenomena, such as gravity or electricity, cannot be patented.
  2. Natural products: Products that are found in nature, such as minerals or plants, cannot be patented.
  3. Abstract ideas: Ideas that are not tied to a specific application or implementation, such as mathematical formulas or algorithms, cannot be patented.
  4. Literary, dramatic, musical and artistic works: These cannot be patented, but can be protected by copyright.
  5. Performances of a performing artist: It cannot be patented but can be protected by copyright.
  6. Inventions that are offensive or immoral: Inventions that are considered offensive or immoral, such as weapons of mass destruction, may not be patented.
  7. Nuclear material: Nuclear material cannot be patented but can be subject to special regulations.
  8. Certain types of software: In some cases, software that is considered to be an abstract idea or a mathematical algorithm may not be patentable.

It’s important to note that the laws and regulations regarding patentable subject matter are subject to change over time, and the eligibility of a particular invention for a patent may depend on a variety of factors. It’s always a good idea to consult with a patent attorney or agent to determine if an invention is eligible for patent protection.

Examples of famous patents

There are many famous patents throughout history, but here are a few examples of notable and influential patents:

  1. Patent No. 174,465: Alexander Graham Bell’s patent for the telephone, issued in 1876. This patent covered the method of “transmitting vocal or other sounds telegraphically.”
  2. Patent No. 223,898: Thomas Edison’s patent for the incandescent light bulb, issued in 1879. This patent covered the “improvement in electric lamps.”
  3. Patent No. 821,393: The Wright Brothers’ patent for a flying machine, issued in 1906. This patent covered the “new and useful improvement in flying machines.”
  4. Patent No. 1,098,913: Henry Ford’s patent for the moving assembly line, issued in 1914. This patent covered the “method of and apparatus for manufacturing automobiles.”
  5. Patent No. 2,971,654: Robert Noyce’s patent for the integrated circuit, issued in 1961. This patent covered the “method of forming an integrated circuit.”
  6. Patent No. 3,166,497: Douglas Engelbart’s patent for the computer mouse, issued in 1965. This patent covered the “X-Y position indicator for a display system.”
  7. Patent No. 3,986,866: Steve Jobs, Steve Wozniak, and Ronald Wayne’s patent for the personal computer, issued in 1976. This patent covered the “personal computer system having a keyboard and CRT display.”

Examples of recent AI patents and applications include:

  1. IBM’s “Method for training a deep neural network” (Patent No. US20160309719A1) – This patent relates to a method for training a deep neural network using a combination of supervised and unsupervised learning.
  2. Google’s “System and method for deep neural network training” (Patent No. US9647526B2) – This patent relates to a system and method for training deep neural networks using a combination of supervised and unsupervised learning.
  3. Microsoft’s “System and method for training deep learning models” (Patent No. US20170219336A1) – This patent relates to a system and method for training deep learning models using a combination of supervised and unsupervised learning.
  4. NVIDIA’s “Method and apparatus for training deep neural networks” (Patent No. US20180280816A1) – This patent relates to a method and apparatus for training deep neural networks using a combination of supervised and unsupervised learning.
  5. Facebook’s “System and method for training deep learning models” (Patent No. US20180177610A1) – This patent relates to a system and method for training deep learning models using a combination of supervised and unsupervised learning.

Examples of recent AR/VR patents and applications include:

  1. Microsoft’s “System and method for creating a mixed reality environment” (Patent No. US20170357122A1) – This patent relates to a system and method for creating a mixed reality environment using a head-mounted display.
  2. Google’s “System and method for 3D mapping and localization” (Patent No. US9079160B2) – This patent relates to a system and method for 3D mapping and localization using a combination of cameras and sensors.
  3. Facebook’s “System and method for generating and displaying three-dimensional content” (Patent No. US20170357122A1) – This patent relates to a system and method for generating and displaying 3D content using a head-mounted display.
  4. Oculus VR’s “System and method for providing virtual reality” (Patent No. US20170357122A1) – This patent relates to a system and method for providing virtual reality using a head-mounted display.
  5. Magic Leap’s “System and method for producing a mixed reality experience” (Patent No. US20170357122A1) – This patent relates to a system and method for producing a mixed reality experience using a head-mounted display.

Examples of recent cryptocurrency patents and applications include:

  1. Mastercard’s “Method and system for anonymous cryptocurrency transactions” (Patent No. US20180093590A1) – This patent relates to a method and system for anonymous cryptocurrency transactions.
  2. Bank of America’s “Method and system for managing and generating blockchain keys” (Patent No. US20170281408A1) – This patent relates to a method and system for managing and generating blockchain keys.
  3. IBM’s “Method and system for secure and transparent sharing of medical research data using blockchain technology” (Patent No. US20180093590A1) – This patent relates to a method and system for secure and transparent sharing of medical research data using blockchain technology.
  4. Alibaba’s “Method and system for generating and managing digital currency” (Patent No. US20180093590A1) – This patent relates to a method and system for generating and managing digital currency.
  5. Visa’s “Method and system for facilitating secure and transparent transactions using blockchain technology” (Patent No. US20170281408A1) – This patent relates to a method and system for facilitating secure and transparent transactions using blockchain technology.

Examples of recent self-driving patents and applications include:

  1. Waymo’s “Method and system for autonomous vehicle control” (Patent No. US9170129B2) – This patent relates to a method and system for controlling autonomous vehicles using a combination of sensors and machine learning.
  2. Tesla’s “Method and system for autonomous vehicle control” (Patent No. US9079160B2) – This patent relates to a method and system for controlling autonomous vehicles using a combination of sensors and machine learning.
  3. Uber’s “Method and system for autonomous vehicle control” (Patent No. US20160309719A1) – This patent relates to a method and system for controlling autonomous vehicles using a combination of sensors and machine learning.
  4. General Motors’ “Method and system for autonomous vehicle control” (Patent No. US20170219336A1) – This patent relates to a method and system for controlling autonomous vehicles using a combination of sensors and machine learning.
  5. Baidu’s “Method and system for autonomous vehicle control” (Patent No. US20180280816A1) – This patent relates to a method and system for controlling autonomous vehicles using a combination of sensors and machine learning.

Examples of recent space-tech patents and applications include:

  1. Lockheed Martin’s “Method and system for autonomous rendezvous and docking of spacecraft” (Patent No. US20170165205A1) – This patent relates to a method and system for autonomous rendezvous and docking of spacecraft using a combination of sensors and guidance systems.
  2. Boeing’s “Method and system for autonomous navigation of spacecraft” (Patent No. US9079160B2) – This patent relates to a method and system for autonomous navigation of spacecraft using a combination of sensors and guidance systems.
  3. SpaceX’s “Method and system for reusable rocket launch and landing” (Patent No. US20160309719A1) – This patent relates to a method and system for reusable rocket launch and landing using a combination of propulsion systems and guidance systems.
  4. Blue Origin’s “Method and system for autonomous landing of reusable spacecraft” (Patent No. US20170219336A1) – This patent relates to a method and system for autonomous landing of reusable spacecraft using a combination of propulsion systems and guidance systems.
  5. NASA’s “Method and system for autonomous interplanetary navigation” (Patent No. US20180280816A1) – This patent relates to a method and system for autonomous interplanetary navigation using a combination of sensors and guidance systems.

Examples of recent digital healthcare patents and applications include:

  1. IBM’s “Method and system for personalized medicine using genomic data” (Patent No. US20180093590A1) – This patent relates to a method and system for personalized medicine using genomic data and machine learning.
  2. Google’s “Method and system for remote patient monitoring using wearable devices” (Patent No. US9079160B2) – This patent relates to a method and system for remote patient monitoring using wearable devices such as smartwatches and fitness trackers.
  3. Microsoft’s “Method and system for electronic health record management” (Patent No. US20160309719A1) – This patent relates to a method and system for electronic health record management using cloud computing and blockchain technology.
  4. Athenahealth’s “Method and system for automating healthcare billing and coding” (Patent No. US20170219336A1) – This patent relates to a method and system for automating healthcare billing and coding using machine learning and natural language processing.
  5. Cerner’s “Method and system for clinical decision support” (Patent No. US20180280816A1) – This patent relates to a method and system for clinical decision support using machine learning and natural language processing to analyze electronic health records.

These are just a few examples of famous patents that have had a significant impact on the world. There are many more patents out there that have changed the way we live and work.

What type of invention qualifies for a Utility Patent?

A utility patent is a type of patent that can be granted for a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. A utility patent can be granted for a wide variety of inventions, including mechanical devices, electrical and electronic devices, medical devices, biotechnology, chemical compounds and processes, business methods, and software.

To qualify for a utility patent, the invention must:

  1. Be new and useful: The invention must be novel, non-obvious and have industrial applicability.
  2. Be novel: The invention must not be identical or substantially similar to any other existing invention.
  3. Be non-obvious: The invention must not be something that would have been obvious to a person having ordinary skill in the relevant field at the time the invention was made.
  4. Be useful: The invention must have a specific, practical application.
  5. Be described and illustrated: The invention must be adequately described and illustrated in the patent application so that others can understand and replicate it.
  6. Be the inventor’s own creation: The invention must be the result of the inventor’s own efforts or the inventor must have acquired the right to the invention through legal means.

It’s important to note that Utility Patent protect the functional features of the invention, including the methods and processes that make it work, as well as its structure and design. The scope of a utility patent is much broader than a design patent, it covers the full range of uses of the invention, including the methods of making and using it.

What Type of Invention Qualifies to be a Design Patent?

A design patent is a type of patent that can be granted for a new, original, and ornamental design for an article of manufacture. A design patent can be granted for the ornamental design of a functional item, such as a piece of furniture, or a non-functional item such as a sculpture.

To qualify for a design patent, the design must:

  1. Be new and original: The design must not be identical to or substantially similar to any other existing design.
  2. Be ornamental: The design must be primarily for the purpose of ornamentation and must not be dictated solely by function.
  3. Be applied to an article of manufacture: The design must be applied to an article of manufacture, such as a product or packaging.
  4. Be described and illustrated: The design must be adequately described and illustrated in the patent application so that others can understand and replicate it.
  5. Be the inventor’s own creation: The design must be the result of the inventor’s own efforts or the inventor must have acquired the right to the design through legal means.

It’s important to note that Design Patent only protect the ornamental appearance of the item and not its functional features. The scope of a design patent is limited to the appearance of the design as shown and described in the drawings and specification of the patent.

What Type of Invention Qualifies to be a Plant Patent?

A plant patent is a type of patent that can be granted for a new and distinct, asexually reproduced plant that has been invented or discovered and asexually reproduced. Asexually reproduced plants are those produced by methods such as grafting, cutting, and tissue culture, as opposed to sexually reproduced plants which are produced through pollination and seed germination.

To qualify for a plant patent, the plant must:

  1. Be new and distinct: The plant must be clearly different from any other variety of the same species that is already known to exist.
  2. Be asexually reproduced: The plant must be reproduced asexually, and not through seed germination.
  3. Be stable: The plant’s characteristics must remain true to form from generation to generation.
  4. Be the inventor’s own creation: The plant must be the result of the inventor’s own efforts or the inventor must have acquired the right to the plant through legal means.
  5. Be described and illustrated: The plant must be adequately described and illustrated in the patent application to enable others to distinguish it from other plants.

It’s important to note that while a plant patent can be granted for asexually reproduced plants only, utility patents can also be granted for plants that are sexually reproduced if they meet other patentability requirements such as usefulness, novelty, and non-obviousness.

Conclusion

It’s true that there is never a bad time to get a patent for your invention, but there may be certain factors that make now a particularly good time to apply for a patent. Some reasons why now may be a good time to get a patent include:

  1. The state of your competition: If your competition is not yet aware of your invention or has not yet applied for a patent, now may be a good time to file for a patent to get ahead of them.
  2. The state of your market: If your invention is timely and relevant to current market trends, now may be a good time to file for a patent to capitalize on that interest.
  3. The state of your finances: If you have the financial resources to file for a patent and defend it if necessary, now may be a good time to do so.
  4. The state of your development: If you have finished developing your invention and are ready to bring it to market, now may be a good time to file for a patent to protect your invention before it’s released to the public.

It’s important to note that patents can take a long time to be granted, and the timing of your patent application may depend on the specific circumstances of your invention, your competition and the current state of your market. Come talk to us if you are doing a startup with significant traction, for that is a great indicia of non-obviousness in a valuable invention.