Why Patent? Part Ii
Posted on March 25, 2008 - Filed Under Legal and Law
What You Can Patent
The USPTO have established a broad area of things on which it will consider granting patents. It is possible to patent anything that you have invented or designed, a new plant you have found, a business method, or an improvement of a previous invention.
Items that have historically been granted patents are usually:
• Items which are new to the general public.
• Items which are considerably different than any other item which has received a patent.
• Items which are practical.
These are the types of inventions that the USPTO will generally look favorably on.
Think of all the items used on a daily basis - from the linen on your bed, to the shampoo you wash your hair with, the nondairy creamer in your coffee, to the parts on your car, and the desk you sit behind at work – all these have, or used to have, patents which their manufacturers used to protect their rights.
What You Cannot Patent
There are certain things that you cannot patent, including ideas. There have been cases in the past of people suing others for stealing their idea, creating the product and patenting it. Believe it or not, this is perfectly legal.
Another thing that cannot be patented is nuclear energy, or anything that is associated with constructing nuclear bombs. Inventing machinery or tools for nuclear warfare are destructive and not useful items, and therefore will not be granted a patent.
The Patent Office will refuse to patent any item that has already been sold commercially. Therefore, before distributing or selling your invention, obtain a patent.
If in question about needing a patent, read this article again.
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