Call Now 407-841-8375
alt text here

What Can & Can't be Protected by Patent

Patent protection is an often misunderstood subject, particularly when it comes to what can and cannot be covered. Here at Daniel Law Offices, we often get requests for help patenting items or ideas that simply do not meet the requirements of patent protection. Here are a few basic guidelines on what is and is not covered.

You CAN be granted patent protection for:

  • New processes or methods
  • Machines
  • Any manufactured article, such as a tool
  • Ornamental design of a manufactured article
  • Any new composition of matter, such as a new medication
  • Improvements on any of the above
  • Any new and asexually reproduced variety of plant

You CANNOT be granted patent protection for:

  • Laws of nature
  • Physical phenomena such as rain
  • Abstract ideas
  • Any invention that's considered not useful, such as perpetual motion machines
  • Any invention that's deemed offensive to public morality
  • Literary, dramatic, musical and artistic works (These can however be protected by copyright)

Patent law also mandates your invention be novel, non-obvious, adequately described and/or illustrated in patent filings and claimed by the inventor in clear and definite terms. While these basic requirements sound simple enough, they can prove far more complicated than one might imagine. That's why hiring an experienced patent attorney to help complete and file your patent application is your best bet for success.

If you believe you have a patentable invention, contact Orlando's Daniel Law Firm (with additional offices in Tampa and Jacksonville) at 866-37PATENT. 

Share this post

Leave a comment