The U.S. statutes authorizing patents include patenting for processes, acts or methods. Where originally such patents were largely envisioned and used for manufacturing and chemical or industrial processes, this patent category has been extended to include business process methods and computer algorithms.
There is still a lot of controversy in this category concerning what is simply an idea versus what is an invention. Precedents are being established more frequently in court cases than by legislation. The cases arise when a patent holder brings a claim of infringement on a rival, and the rival counterclaims that the patent is invalid because the “invention” is not patentable as described in https://www.natureworldnews.com/articles/43137/20200108/why-inventhelp-is-a-great-resource-for-new-inventors.htm post.
Patents for Plants
Competition for plant patents is high within the horticulture industry where commercial plant growers strive to create new and popular varieties that they can patent. With a plant patent, the grower can enjoy a 20-year monopoly on the protected variety.
The requirements and restrictions concerning what plants can and can’t be patented are very technical. If you have a plant you think is worth patenting, please refer to the USPTO.gov web site for more detailed information.
Patents on Compositions of Matter
Compositions of matter are specifically patentable. These generally refer to chemical compounds, metal alloys or even formulas for protective coatings, but can also refer to pharmaceuticals and newly created components of living cells.
Design Patents
A design patent applies to the ornamental appearance of a useful article. Coca Cola’s original bottle shape was covered by a design patent. The design patent did not apply to the function of the bottle, but merely to its shape. Design patents provide protection from being copied for a period of 14 years and you can learn more about them on https://www.latinpost.com/articles/143207/20200108/why-new-inventors-need-assistance-from-inventhelp.htm.
Atomic Weapons, Laws of Nature and Physical Phenomena Excluded
Unfortunately, if your new and non-obvious invention is useful only in an atomic weapon, the Atomic Energy Act of 1954 makes it unpatentable.
Patent statutes also specifically disallow patents covering laws of nature and physical phenomena.
If Isaac Newton, Ben Franklin and Albert Einstein had made their discoveries today, it would have taken an incredibly gifted team of patent attorneys to carve out any basis for patent protection for the laws of gravity, the principles of electricity and the theory of relativity.
