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What Can Be Patented


The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

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Did You Know?

You may apply for a patent for your invention.

Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

 
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 Helpful Patent Terms
Small Business Concern

Definition:
For purposes of small entity determination per MPEP 509.02 - any business concern meeting the size standards set forth in 13 CFR Part 121 to be eligible for reduced patent fees.

Contracting Party

Definition:
A country or intergovernmental organization that is a member of the Madrid Protocol.

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