posted Sunday 4 of September 2011 by Victoria [intellectual property]

The national and regional patent laws specify the general field of subject matter that can be patented and the conditions under which a patent may be obtained within their jurisdiction.

In the language of the US patent statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law. The word "process" is defined by US patent law as a process, act or method, and primarily includes industrial or technical processes. The term "machine" used in the statute needs no explanation. The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

US patent law, and that of most other countries, specifies that the subject matter must be "useful." The term "useful" in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

Interpretations of patent statutes by courts and administrative bodies have defined the limits of the field of subject matter that can be patented, thus the laws of nature, physical phenomena, and abstract ideas are not considered patentable subject matter.

A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.

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When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner

Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation

After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim

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