Unfair Denial

All U.S. patents are governed by the Patent Act (35 U.S. Code) which founded the United States Patent and Trademark Office (USPTO). A patent is a right given to someone who invents something new and useful, such as a machine, process, art, item of manufacture or composition of matter. Patents are provided by the government in exchange for sharing the invention with the public. Patents are also issued for any new and useful improvements of such items. In the United States, patents are only granted to the inventors themselves" not to corporations. However, an inventor may elect to assign their patent rights to a corporation.

Patent Requirements

For an invention to qualify for a patent, it must be:

• Statutory, which means under the U.S. Statute, it is patentable. The statue covers nearly every type of invention with the exception of specific examples in the computer and Internet arena. New rules about what is patentable in regards to software were issued in October of 2005 by the USPTO.
• New, that is, the invention was not previously known to the public before it was invented; the invention was not detailed in a publication more than one year prior to filing for the patent; the invention was not used publicly, or offered for public sale more than one year prior to filing.
• Useful, that is, the item provides a useful function and is operative.
• Non-Obvious, that is, the invention is not obvious to someone of average skill in the particular field. Determining whether something is obvious is extremely difficult. Therefore, a patent office examiner will often review previous patents that resemble the one being pursued. For example, changes in size or substituting one type of matter for another is considered obvious and not eligible for a patent.

Types of Patents

In the U.S., there are a variety of patent types used to classify inventions. The most common patent is a utility patent, which refers to processes, machines, items of manufacture and compositions of matter. Specific patent types include biological patents, business method patents, and chemical and software patents.