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Patents Corner
What is Patentable?
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by Becky Mahurin
In my role as intellectual property administrator, I frequently talk
with faculty about whether an invention is patentable. For more than
200 years, the patent system has underpinned American business. But
what is a patent and why was the patent system established?
The patent system is meant to be a catalyst for advancing technology.
In exchange for a limited exclusive right to manufacture, use and sell
a technology that a person invents, the inventor must fully disclose
the nature and details of an invention. By ensuring that a technology
is fully disclosed, others may take this information and invent new
and better technologies. Some inventors wish to 'have their cake and
eat it too' by expecting to receive a patent without fully describing
the invention.
To be patentable an invention must be novel, useful and non-obvious.
Patents may be allowed for useful processes, compositions of matter,
machines and devices, or articles of manufacture. They can be issued
for a new use for an existing material or any improvement of the
above. Also patentable are plants and microorganisms that have been
altered or made by man. This would encompass, in particular,
genetically engineered plants and microbes.
Two types of patents are allowed. A utility patent provides the right
to exclude others from making, using or selling the patented invention
for up to seventeen years. A design patent provides the same right
for a period of fourteen years.
Only the inventor or inventors may apply for and receive a valid
patent. A patent can be invalidated if a co-inventor is not claimed
and likewise if an inventor is claimed who was not legitimately
involved in the inventive process. Some inventors erroneously assume
that if they find an idea that someone has invented, but not patented,
then the finder can patent the technology.
Many people equate patents with wealth but unfortunately that is not
the case. In fact, when processing an application, the U.S. Patent
Office gives no opinion on commercial potential of those inventions
for which a patent is granted. But patents may protect inventions
which subsequently may bring wealth to companies and individuals.
Becky Mahurin
Director of the Technology Transfer Office at MSU
© 2000 Montana State University-Bozeman
Discovery December 1994
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