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What Can Be Patented


The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

In the language of the statute, 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. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

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Did You Know?

There is a time limit on patent protection.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

 

11/5/97 BLM Final Rule 43 CFR 1860--Patent Preparation and Issuance

Small Businesses Seeking Foreign Patents

Patenting By Geographic Region (INDIANA), Breakout By Technology Class

Cotton Ginning Laboratory(Stoneville, MS) : Patents

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United States Patent And Trademark Office

 Helpful Patent Terms

Common Inventor

Definition:
An inventor whose name is listed on multiple patent applications or granted patents, making the inventions at least partially the work of the same person.

Common Law Rights

Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.

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