Patents

Patents by Issue Date | Patents by Inventor | Patent Awards

The federal government grants the owner of a patent the exclusive right to prevent others from making, using, selling or offering to sell the invention covered by the patent. The patent owner has these rights for the life of the patent, which is 20 years from the date the patent is applied for in the U.S. Patents are also subject to protection throughout the world. After the patent expires, anyone is free to use the subject invention.

Patent law states that any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter [such as a new chemical composition], or any new and useful improvements thereof, may obtain a patent," subject to the conditions and requirements of the law.

Computer software inventions can be patentable. Examples include a computer program for the translation of natural languages; a program for executing several equations regardless of the order of their input; system software; and a waveform smoothing algorithm for an oscilloscope.

As defined in patent law, the subject matter of a patent is not "new", and therefore not patentable if:

"(a) The invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or

(b) The invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States ..."

The term "useful" refers to the condition that the subject matter must have a useful purpose and must also include operativeness. In other words, a machine which will not operate to perform its intended purpose would not be considered useful, and therefore would not be granted a patent. Additionally, abstract ideas, laws or products of nature, methods of doing business and pure mathematical manipulations of numbers are not patentable.

NOTE: THE INFORMATION CONTAINED HEREIN IS NOT TO BE RELIED UPON AS LEGAL ADVICE. These areas of law are complex and subject to frequent change. If you have specific questions regarding patents, trademarks or copyrights please contact UCAR's Office of General Counsel