What is not patentable subject matter?
You cannot patent
naturally occurring things, although you can patent man-made things. So
while you could not patent the leaves of different plants, you could patent a
pharmaceutical made out of those leaves (as well as the process of making it).
Generally you cannot
patent living things, although you can patent certain live matter, such as
genetically engineered animals, plants, etc., or the process of extracting a
natural product.
You cannot patent laws
of nature, mathematical formulas and abstract ideas. Thus, Isaac Newton
could not have received a patent for discovery the connection between force and
mass (one of those equations you learned in basic physics, F = ma). However, you might be
able to patent an application of a mathematical formula or a law of nature, if
it otherwise meets the patent
requirements.
Finally, you cannot
patent a simple idea or suggestion. Rather, the invention must be
something real and concrete. So while you can patent a machine, you cannot obtain a
patent simply for the idea of some machine.
Posted in: FAQ-PATENTS
