Question: What can be patented?
Answer: Utility patents protect inventions that are a novel, nonobvious, and useful:
- Process
- Machine
- Article of manufacture
- Composition of matter
- Or an improvement of any of the above items. Most patents are for incremental improvements in known technology; the innovation is evolution rather than revolution.
Plant patents provide patent protection for asexually reproduced any distinct and new variety of plant.
Meaning of Novel, Nonobvious, and Useful
- New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. In other countries, you have no one year grace period and require absolute novelty.
- Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious.
- Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.

