What Products Are Patentable in the United States?

If you believe that you have an original, non-obvious idea for an invention, you may be wondering if you can obtain a patent. Not all things can be patented. Knowing the difference can save you time and money. Read on and contact a New Orleans, Louisiana patent lawyer from Lemler IP to learn more about what is patentable and what is not. Here are some of the questions you may have:

What is patentable in the United States?

There are many ideas that are considered “patentable.” According to the Constitution, Congress has the authority to promote the progress of science and useful arts by granting protection to inventors and authors through exclusive rights to their discoveries for a limited time. There are three types of patents in the United States:

• Utility patents
• Design patents
• Plant patents

A design patent protects the aesthetics of the product. A plant patent protects newly discovered plant variations. When inventors wonder if their idea is patentable, it usually begs the question of what specifically constitutes a utility patent. Some ideas of “function” or “utility” that fall under the category of “patentable” can include:

• Machinery
• Composition of matter
• Processes
• Man-made products
• Methods

What am I not allowed to get a patent for?

Simply put, most things are patentable if they are unique and unobvious. There are some exceptions to that rule. United States courts have excluded obvious ideas, abstract ideas, laws of nature, and natural phenomena from ideas that can be considered patentable. If you believe that your idea may fall into these categories, you may not be able to obtain a patent. That said, these laws can be a bit vague, so it’s always best to first consult with a competent lawyer who can inform you of your options.

The bottom line is that knowing what ideas are patentable can save you time, money, and frustration. If you believe you have a patentable product, Lemler IP can assess your idea for patentability and guide you through the process of obtaining a patent in accordance with the law. Contact Lemler IP today so the firm can get started working on your case.