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What cannot be patented in the US?

Published in Patent Exclusions 2 mins read

In the United States, not all inventions or discoveries are eligible for patent protection. Patent law aims to protect novel and non-obvious inventions that are useful, but certain categories of subject matter are specifically excluded from patentability.

Unpatentable Subject Matter in the United States

Generally, the U.S. Patent and Trademark Office (USPTO) does not grant patents for items that fall into categories considered to be abstract ideas, natural phenomena, or laws of nature, among others. These exclusions ensure that the fundamental building blocks of science, art, and commerce remain in the public domain, fostering further innovation and creativity.

Here's a breakdown of what typically cannot be patented:

  • Vague ideas: Abstract concepts or mere suggestions that lack specific, concrete details of how they would be implemented or function are not patentable. A patent requires a detailed description of an invention, not just a general notion.
  • Discoveries: Simply discovering something that already exists in nature, such as a new element, a natural law, or a naturally occurring organism, is not patentable. However, new applications or modifications of such discoveries might be.
  • Scientific theories/mathematical methods: Fundamental scientific principles, laws of nature (e.g., the law of gravity, the formula E=mc²), or pure mathematical formulas are considered basic tools of scientific and technological work and are not patentable in themselves.
  • Literary, dramatic, or artistic works: Creations like books, plays, songs, paintings, or sculptures are protected under copyright law, not patent law. Patents cover functional inventions, while copyrights protect original expressions.
  • Methods for performing a mental act, playing a game, or doing business: Purely mental processes, rules for games, or abstract business strategies without a practical, concrete, and inventive technological implementation are typically not patentable. However, if a business method or game involves a specific, novel, and non-obvious technological apparatus or process, it might be eligible.
  • Plant varieties: Naturally occurring plant varieties are generally not patentable. While certain new and distinct plant varieties developed through asexual reproduction can be protected under specific plant patents, and genetically engineered plants might be eligible for utility patents, the general concept of "plant varieties" as found in nature is unpatentable.