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What do Utility Patents protect?

Generally speaking, Utility Patents protect useful, novel, inventive (a.k.a. "non-obvious") subject matter.

At least in the United States, patentable subject matter can include nearly anything related to a human-caused transformation, for example, a:

  • "Process"
    • that is, a novel method of transforming nearly anything,
    • the method can involve manufacturing, engineering, chemistry, biology, business, information, or software
    • e.g., an innovative method for transforming iron into steel, or a new method of transforming accounting data into a tax return
  • "Article of Manufacture"
    • that is, a new good resulting from a transformation,
    • e.g., a device, such as an innovative light bulb, mouse trap, or modem
  • "Composition of matter"
    • that is, a new material resulting from a transformation,
    • e.g., a new chemical compound, drug, or gene sequence
  • "Machine"
    • that is, a novel system for causing a transformation,
    • e.g., an innovative machine for making a new or old device

Assuming that a beneficial use for the invention can be identified (other than acting as a boat anchor or paperweight), nearly every invention is considered "useful" from the patent law perspective.

Also, while an invention might seem "obvious" from a layperson or engineer's standpoint, US patent law is quite strict about what must be proven before an invention can be deemed "obvious" from a patent law perspective.

Thus, the initial concern is in determining if an invention is "novel". The answer to this question can often be found via a Patentability Search.

 
Michael Haynes PLC
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