San Francisco, CA asked in Patents (Intellectual Property) for California

Q: What types of products can be patented?

3 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: A process, a machine, an article of manufacture, or composition of matter, or any new and useful improvement thereof. 35 USC 101

Almost any new and non-obvious invention can be patented. You can't patent things like new mathematical formulas, or something that is just purely a mental process, or products of nature.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: The first answer is correct but you may feel more confident if you do a bit of patent searching and see what sorts of patents have been issued for the type of product you have in mind. See my slide set on patent searching at http://bit.ly/Patent_Searching .

I hope this helps.

Kevin E Flynn

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: For a complete answer, I should note that sometimes your invention is deemed to pose a risk to national security as it may be subject to both a commercial and a military use. The US Government can place your invention under a secrecy agreement. This is rare but not unheard of. Last number I saw was 5,500 applications held under secrecy agreements. This will delay the patent so technically it is still patentable. It is just delayed in the process. See https://patentlyo.com/patent/2014/11/government-secrecy-orders.html

I hope this helps.

Kevin E Flynn

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