What Can be Patented

In the language of the patent statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law.

The word “process” is legally defined as a process, act or method, and primarily includes industrial or technical processes.

The word “machine” used in the statute requires no explanation.

The word “manufacture” refers to articles that are made, and includes all manufactured articles.

The term “composition of matter” means chemical compositions and may include mixtures of ingredients and new chemical compounds.

These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

Laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.

A patent cannot be obtained upon a mere idea. In order to obtain a patent a complete description of the actual invention or other subject matter for which a patent is sought is required.

In order to obtain a patent, an application must be filed with the United States Patent and Trademark office. The application will be reviewed and a decision made by the USPTO as to whether a patent for the subject invention will be issued.