Guide To Patenting And USPTO Patent Applications - What can be patented? What does novelty mean?
In legal terms, 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. A process is defined by law as a process, act or method, and primarily includes industrial or technical processes. A process is the way an invention performs rather than the way it is structured. Computer software performs a certain way, it makes certain processes. Another example would be the process for making a drug. Machine should need no explanation. The term manufacture refers to articles which are made, and includes all manufactured articles.The Poor Man's Patent is a Myth
One of the undying myths of Patent World is that there is such a thing as a Poor Man's Patent. If you've never heard of it, the poor man's patent involves writing out a description of your invention and mailing that description to yourself. The transmission of this description through the mail and the cancelling of the postage by the Post Office is supposed to establish a date of invention for you. That way if someone steals your invention or comes along and invents it independently, you have "proof" that you invented it first. The proof is in the sealed envelop and the date the postage was cancelled.Why Perform a Patent Search?
The classic reason to perform a patent search is to assure an inventor that no previous patent interferes with the inventor's plan to file a patent application. Other reasons include: learning more about a new field of technology, For market information,In order to track the intellectual property of competitors.Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.What cannot be patented?
Laws of nature, Physical phenomena, Abstract ideas, Inventions which are considered not useful or possible by the USPTO for example perpetual motion machines; or offensive to public morality.