A patent is a document issued by the U.S. Patent and Trademark Office (PTO) that grants a monopoly for a limited period of time on the manufacture, use and sale of an invention. For most inventions (those that have some utility), these exclusive rights last 20 years from the date the patent application is filed.

What types of inventions can be patented?


To qualify for a utility patent--by far the most common type of patent--an invention must be:

  • a process or method for producing a useful, concrete and tangible result (such as a genetic engineering procedure, an investment strategy or computer software)


If an invention fits into one of the categories described above, it is known as " statutory subject matter" and has passed the first test in qualifying for a patent. But an inventor's creation must overcome several additional hurdles before the PTO will issue a patent. The invention must also:

  • have some utility, no matter how trivial.

For design patents, the law requires that the design be novel, nonobvious and nonfunctional. For example, a new shape for a car fender, bottle or flashlight that doesn't improve its functionality would qualify.


More Examples of Patentable Subject Matter

The following items are just some of the things that might qualify for patent protection: biological inventions; carpet designs; new chemical formulas, processes or procedures; clothing accessories and designs; computer hardware and peripherals; computer software; containers; cosmetics; decorative hardware; electrical inventions; electronic circuits; fabrics and fabric designs; food inventions; furniture design; games (board, box and instructions); housewares; jewelry; laser light shows; machines; magic tricks or techniques; mechanical inventions; medical accessories and devices; medicines; musical instruments; odors; plants; recreational gear; and sporting goods (designs and equipment).

What types of inventions are not eligible for patent protection?

Some types of inventions will not qualify for a patent, no matter how interesting or important they are. For example, mathematical formulas, laws of nature, newly discovered substances that occur naturally in the world, and purely theoretical phenomena--for instance, a scientific principle like superconductivity without regard to its use in the real world--have long been considered unpatentable. This means, for example, that you can't patent a general mathematical approach to problem solving or a newly discovered pain killer in its natural state.

In addition, the following categories of inventions don't qualify for patents:

  • most protocols and methods used to perform surgery on humans
  • unsafe new drugs
  • inventions useful only for illegal purposes, and
  • nonoperable inventions, including " perpetual motion" machines (which are presumed to be nonoperable because to operate they would have to violate certain bedrock scientific principles).

Can computer software qualify for patent protection?


Is it possible to obtain a patent on forms of life?

Form of life, from bacteria to cows, that are genetically altered to have new and useful characteristics or behaviors, may qualify for utility patents. Also patentable are sequences of DNA that have been created to test genetic behaviors and the methods used to accomplish this sequencing. With the advent of cloning techniques and the ability to mix genes across species--for example, the human immune system genetic code transplanted into a mouse for testing purposes--the question of what life forms can and cannot be patented promises to be a subject of fierce debate for years to come.

What makes an invention novel?



When is an invention considered nonobvious?





What makes an invention useful?

Patents may be granted for inventions that have some type of usefulness (utility), even if the use is humorous, such as a musical condom or a motorized spaghetti fork. However, the invention must work--at least in theory. Thus, a new approach to manufacturing superconducting materials may qualify for a patent if it has a sound theoretical basis--even if it hasn't yet been shown to work in practice. But a new drug that has no theoretical basis and which hasn't been tested will not qualify for a patent.


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