Q: Can we file a patent for some antisocial inventions?

Does the law permits us to file patent on some innovations that can create chaos in the society or can endanger the existence of humanity?

Such as patenting a technology which can threaten the life of a large number of mass requiring some gross implementation and least investment.

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

A: I am not in favor of creating chaos in the society or endangering the existence of humanity. I hope that your description is hyperbole.

I am not clear why you would want to patent a method to create chaos or endanger the existence of humanity. Patents are used to limit use of the claimed ideas to those who have your permission. A system that leads to chaos is not likely to support your ability to sue to stop someone from using what you have disclosed.

But using this bizarre question as an opportunity to teach other readers, there would be two obstacles.

First -- 35 USC 101 limits what can be patented to --

Whoever 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 therefor, subject to the conditions and requirements of this title. (emphasis added)

The term useful has been used to prevent certain illegal or immoral (at least deemed immoral by the gov't) items from obtaining patent protection. This is rare, but your question makes it sound like this is possible.

Second, when a patent application is filed, it goes through a security screening so the patent process is not used as a conduit to publish material that could endanger Americans or US interests. I suspect the first level is computer screening looking for certain words. Higher levels of screening involve humans from various US agencies such as the Department of Defense and other agencies involved with US security. It is likely that they would place a secrecy hold on the application so that it cannot be published or issued as a patent until the secrecy hold is released. Such a hold would impinge on the required permission (Foreign Filing License) to file that idea in other patent systems.

For a more detailed answer to your question you may want to contact the USPTO as 571 272 8203 or to the reviewers at dtsapatentreview@dtsa.mil

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