Patents: What You Can't Patent

The following things can't be patented:

1.) Discoveries, scientific theories and mathematical methods

2.) Schemes, methods and rules for playing games, doing business or performing thought processes and computer programs (computer programs fall under copyright)

3.) Surgical, therapeutic or diagnostic methods for treating humans and animals (but products used in such methods can be patented)

4.) Plant and animal species and breeding processes for the production of plants and animals (this doesn't apply to microorganisms as well as non-biological and mircobiological processes)

5.) Aesthetic creations

6.) Anything contrary to law, morals, good customs, public order or public policy

Regarding #4, other countries have already made such processes and species patentable.

Another thing you should remember about patents is that if the inventor is an employee or a certain company and he created his invention in his free time, he owns the patent. But if he worked on the invention as part of his job, then the company owns the patent; this also happens if the inventor was commissioned to create the invention.

When applying for the patent, you are required to disclose everything about it. To find out if the applicant for a patent has disclosed everything about his invention, the following tests are employed:

1.) Best Mode

Whether or not the inventor knew or withheld a better way of working the invention other than what he laid down in the specs.

2.) Enabling

Determining if the specs of the invention conforms to the "newness" requirement to enable a specialist in the "prior art" to work it.

Disclosure is important because it fulfills 2 important roles:

1.) Guarantee the patent holder the protection he is entitled to

2.) Inform the public of what they can still appropriate

Double Patenting

Once a patent is granted, it has a lifetime of 20 years. That includes later modifications and improvements. So you can't apply for a new patent for an improved version of your previously-patented invention. It's called double patenting and it's not allowed.

After the 20-year period, the patent can now be appropriated by the public.