What can be patented? An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.
In the United States, there are three types of patents, all governed by the U.S. Patent and Trademark Office (USPTO): utility, design, and plant. Chemical patents can protect chemical compounds, compositions of matter, methods of making the chemical compound or composition, and methods of use.
These guidelines assert that a process, including a process for doing business, must produce a concrete, useful and tangible result in order to be patentable.
Process patents should still be allowed because their impact on scientific discovery and invention is more limited. If someone patents a process for making a light bulb, other people could still develop different processes for making light bulbs without infringing the patent.
Specific criteria must be met to obtain a patent for a business process. The process must be novel, non-obvious and have a clear, practical application. Additionally, it must be described with sufficient detail to the point that anyone with general knowledge of the industry can comprehend how it works.
The advantages of patenting a manufacturing process In return for disclosing your inventive manufacturing process in a patent, you're able to prevent others from using the same process for a period of up to 20 years.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.
A utility patent covers the creation of a new or improved—and useful—product, process, or machine. A utility patent, also known as a "patent for invention," prohibits other individuals or companies from making, using, or selling the invention without authorization.
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.