Patent
Requirements
Laws of nature, natural phenomena and abstract ideas are
not patentable. Thus Albert Einstein could not have patented
his theory of relativity since it is a law of nature.
In order to patent an invention it must pass four tests:
- First, there are five “statutory classes”
of things that are patentable and an invention MUST fall
into one of these:
- Processes
- Machines
- Manufactured items (objects made by humans or machines)
- Compositions of matter
- New uses of any of the above
- The invention must be “useful”. One aspect
of the “ utility” test is that the invention
cannot be a mere theoretical phenomenon.
- The invention must be “novel”, that is, it
must be something that no one had done before.
- The invention must be “non-obvious” to “
a person having ordinary skill in the art to which
said
subject matter pertains”. This requirement is
the one on which many patentability disputes
hinge.
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