What Can Be Patented

Fort Lauderdale Patents Attorney

Patent protection exists for “anything under the sun that is made by man.” There are exceptions to this and a court recently issued a decision that may affect the validity of many issued so-called “business method” patents.

A decision by a federal court in 2008 set forth certain requirements for patents that may not be met by already-issued “business method” patents which could make them invalid. This decision is going to be review by the U.S. Supreme Court.

For an invention to be patented, it must be something more than just new, or “novel.” It must also satisfy the legal requirements of “utility” and “non-obviousness.”

Additionally, the disclosure or “specification” of the application must set sufficient disclosure to meet the “written description,” “enablement” and “best mode” requirements.