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Assuming that you have an idea which has never been marketed before, US patent law requires that your invention be both useful, as well as novel and non-obvious. The US Patent and Trademark Office has the responsibility for examining your patent application to insure that these criteria are met. There are at least three parts to the question, “is what I have patentable?”. First, is the subject matter patentable because it is useful; next, is the invention novel; and last, is the invention not obvious in view of the scientific literature and/or other instruments, implements, tools, machinery, methods that are presently in use.

There are three types of patents: namely, utility patents, plant patents and design patents. Plant and design patents find basis in the distinguishing physical characteristics which make a plant or design recognizable. The latter both require a relatively simple patent application which shows by way of a drawing the plant or design. However, their usefulness in commerce may be somewhat limited because a relatively minor change by a competitor may be sufficient to circumvent the issued patent. Utility patents are most useful in business, but they also require more effort to acquire.

As to subject matter which is patentable in a utility patent, U.S. law recognizes the following patentable classes of subject matter: namely, “ and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof..” If you are unsure whether your invention fits into one of these classes contact the patenting professionals at InventHelp to take a look at your case.

“Processes” (in the US) include treatment methods for humans, animals and plants. Also included are: processes of manufacturing (e.g., pharmaceuticals, instruments, etc.), methods of diagnosing infection (e.g., automated as well as doctor’s office formats, PCR etc.), methods of drug delivery (e.g., transdermal as well as controlled release), genetic library construction methods, certain cloning strategies, etc.;

“Machines” include dental and medical surgical instruments, probes, catheters, automated imaging systems, diagnostic auto analyzers, blood counters, as well as agricultural implements, harvesters, tools, etc. – i.e., as well as any unique software that may be used to drive them;

“Compositions of matter” include monoclonal antibodies, substantially pure proteins (i.e., from natural sources), cell surface (and other) markers, recombinantly derived proteins, plasmids, viral vectors (e.g., for gene therapy and vaccines), proteins defined by amino acid sequence, nucleic acids (DNA, RNA etc.) defined by sequence, novel plants (plant patents are a separate less intensive class of patenting), recombinant cell lines, transgenic animals (in the US), novel plant extracts (e.g., nutraceuticals), strains of bacteria and fungi useful for producing pesticides, etc.

“New and useful improvements thereof” include derivatives having unexpected properties (e.g., greater bioavailability, an improved pharmacological profile, or decreased toxicity), new uses of old compounds, (e.g., new uses of an anti microbial compound for treating inflammation, or an anti-viral compound for multiple sclerosis), new uses of old tools, (e.g., navigational systems, infra-red imaging and soil evaluation systems used on new generations of agricultural combines), etc. Read more at