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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 need a patent attorney or agent to file your patent application.

The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

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

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

Non-final Office Action (rejection)

Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time.

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