The short answer is everything under the sun is patentable, with some exceptions. A requirement for patentability is that an invention must be new, useful, and nonobvious.

• New reflects that which was not previously known in the art or field of the invention.
• Useful generally means providing benefit to a particular field.
• Nonobvious means something is not easily discovered or understood by those having ordinary skill in the art or field of the invention.

More rigorously, §101 of Title 35 of the United States Code states:

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.

The novelty requirement mandates that an invention be not only new but also nonobvious. This could involve an improvement to a known invention or a new application of an existing technology.

A patent provides a limited monopoly on the patentees' ability to prevent others from practicing a patented invention, as defined by the claims found at the end of a patent. This is an exclusionary right in that while it may not confer an ability to practice an invention without legal consequence, it does confer legal rights restricting others from practicing a patented invention as claimed. However, there are some limits to patentability.

Courts have determined that certain inventions, as claimed, are not eligible for patent protection. These include laws of nature, natural phenomena, and abstract ideas. More specifically, the subject matter not eligible for patent protection includes:

• Scientific principles;
• Naturally occurring phenomena;
• Mental processes (e.g., mental thoughts); and
• Mathematical algorithms.

Nonetheless, these prohibitions have some exceptions more properly referred to as judicial exceptions. However, additional claim elements may result in a practical application that is something more than that of the judicial exception. These considerations often arise in connection with software patent applications.

How We Can Help

Gallium Law has significant patent experience, and we would be happy to assist you in patenting your idea. Please call us at 651-256-9480 or fill out this Contact Form to speak with us before it's too late.

*The information provided in this article is not legal advice, and should not be relied on as such. The content of this article is for informational purposes only, and is meant as a starting point on your search for answers to your legal questions.