What can and cannot be patented?

What can be patented – utility patents are provided for a new, non-obvious and useful:

• Process
• Machine
• Article of manufacture
• Composition of matter
• Improvement of any of the above

Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article of manufacture or (2) asexually reproduced plant varieties by design and plant patents.

What CANNOT be patented?

• Laws of nature
• Physical phenomena
• Abstract ideas
• Literary, dramatic, musical, and artistic works (these can be Copyright protected).  Go to the Copyright Office (www.loc.gov)
• Inventions which are:

* Not useful (such as perpetual motion machines) or Offensive to public morality

Invention must also be:

• Novel
• Non-obvious
• Adequately described or enabled (for one of ordinary skill in the art to make and use the invention)
• Claimed by the inventor in clear and definite terms

To start the patent process you should do the following:

1. The first step is to prepare an Invention Disclosure. The Invention Disclosure form does three things:

• * it serves as proof that you are the inventor
• * it is used by me to counsel you on the  invention
• * it can be used as the basis for a patentability/novelty search

2. After you prepare the Invention Disclosure form, call us or email us apg@accesspatentgroup.com

or searchpatents@yahoo.com and we can discuss the next step.

Please understand that we are bound by federal code to keep your invention confidential. However, if you desire, we will be happy to also provide a Confidentiality Agreement. To do so, all we need is your full name, mailing address, the title of the invention, full description (specification) and drawings.

Finally, please email us apg@accesspatentgroup.com or searchpatents@yahoo.com if you have any questions about the Invention Disclosure form or about the US patent application process. You can also go to http://www.uspto.gov