Can you patent your invention? Yes or No

Inventorship requirement: Who can get a patent on an invention? 

The patent statute says that “whoever invents … may obtain a patent.”

You must be an inventor to get a patent.  For example, if you see an existing product, you cannot get a patent on the existing product because you are not the inventor.  You did not think of the idea for the product.

So, how do companies get patents?  The invention rights are assigned to them by the inventors.  For example, when an engineer develops a solution to a problem.  He has conceived of an invention.  He is the inventor.  The engineer then assigns his invention rights to the company.

32 invention types: Can you patent [X]?

1.  Can you patent an existing product?

No, you cannot get a patent on an existing product because it does not meet:

1. the novelty requirement and
2. the inventorship requirement. 

For example, you can adjust the mini tripod with the little red push bottom on the left side.  If you had seen this online, would you be able to get a patent on it?  No, you cannot get a patent on it for two reasons.  You are not the inventor of this existing product.  You just saw it online and did not invent it.

Plus, the product would not be new.  This product already exists.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty): No
• Requirement #4 (Nonobvious):
• Inventorship Requirement: No

2.  Can you patent a similar product?

Yes, you can patent a similar product as long as the differences between the two similar products are nonobvious.

For example, here is a similar tripod compared to the mini tripod but much larger.  If you had invented this, then you could get a patent on this similar product compared to the mini-tripod above. Why? Although the larger tripod is similar, it is not identical to the mini tripod.  The larger tripod is new.  Requirement #3 is met.

Although similar products can be patented, the determining factor is based on the differences. Are the differences nonobvious? If yes, then you can get a patent despite the similarities. (See Requirement #4).  The issue of whether an invention is an obvious variant of existing products or technology is always an issue.  In general, depending on how similar the two products are, I suggest starting the patent process.  Read this extensive article if this is what you would like to do.  Patent Process from Invention to Patent Granted

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty): Yes
• Requirement #4 (Nonobvious): At issue

3.  Can you patent a combination of existing products?

Yes, you can patent a combination of existing products as long as the combination is nonobvious.

Most inventions fall within this category of invention.  Anytime that you invent, you use what others have developed before you.  Let’s imagine for a moment that you had invented the electric car.

To do so, you combined an electric motor with all of the other technology from a gasoline car — for example, the steering wheel, the windshield, etc.

All inventions are combinations of old ideas and products.

The novelty (requirement #3) is met as long as the combination of a gasoline car and an electric motor is new.  The real issue is whether the combination is obvious to put together.

You can get a patent on a combination of existing products if you overcome the obviousness issue.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty): Yes
• Requirement #4 (Nonobvious): At issue

4.  Can you patent a new use for an old product?

You can’t patent an existing or old product.  However, you can patent an improvement to an old product or a new use for an existing or old product as long as the new use is nonobvious.  Moreover, the new use cannot be inherent in the use of the existing or old product.

Your intuition is telling you that you can’t get a patent on something that already exists.  Your intuition is correct.  However, because you are using the old product in a new way, the method of use is new.  The product is old, and you can’t get a patent on the product.  But, you can get a patent on the new method of using the old product.  For example, can you get a patent on a screwdriver?  No. However, if you use it to pump air into a tire, the new method is patentable. I’m speaking hypothetically of course.

Another issue related to this question is whether the new way is an inherently obvious method or process.  For example, a screw driver’s primary purpose is to unscrew or tighten a screw, but many have been using it to pry things open.  You shouldn’t be prying items open with a screwdriver because that is not its intended purpose.  Nevertheless, the use of a screwdriver to pry things open is inherent (lousy example but the one that comes to mind) and at the least obvious.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty): At issue
• Requirement #4 (Nonobvious): At issue

5.  Can you patent an idea?

No, you cannot patent an idea if the idea only identifies a result.  However, if the idea is a specific machine, process, manufacture, or composition of matter, then yes, you can patent the idea.

Let me explain.  If you want more, read my full article on Can you patent an idea?

Legally speaking, you cannot get a patent on an idea.  An idea is not a machine, process, manufacture, or composition. (see requirement #2). An idea in the legal sense is just a result. For example, space travel is just an idea. 

However, laypeople don’t think this way.  They are not thinking in terms of a legal definition when they ask this question.

If your idea is a result similar to space travel, you cannot get a patent. If your idea teaches how to get the result like a space shuttle, you can get a patent.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

6.  Can you patent a concept?

No, you cannot patent a concept if the concept merely identifies a result.  However, if the concept is a specific machine, process, manufacture, or composition of matter, then yes, you can patent the concept.

This answer is similar to the question of whether you can get a patent on an idea.  If the concept is a machine, process, manufacture, or composition of matter, you can get a patent.  You cannot get a patent on a result (e.g., space travel). However, you can get a patent on how to achieve the result (e.g., space shuttle).

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

7.  Can you patent a business idea?

You can patent a business idea if it is a business method.  However, many business methods are fall into one of the exceptions to eligibility.

Let me explain.

A business idea is a business method invention that is defined as a method of doing business.  A business method is a process which is one of the four categories (the machine, process, manufacture, or composition of matter) of inventions that can be patented. Unfortunately, many of them are considered to be abstract ideas.  A business idea might satisfy requirement #2, but it may run afoul of exception #1.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
  • Exception #1(abstract idea): At issue
• Requirement #3 (Novelty): No
• Requirement #4 (Nonobvious):

8.  Can you patent a website idea?

A website idea most likely cannot be patented unless the website provides additional usefulness or functionality.  Requirement #1 is at issue here.  Also, the idea of a website alone has problems with the abstract idea exception.

A website could be protected by a design patent which protects the layout and aesthetics of the website design.  Here is more information about protecting your website with a design patent.  Best uses of a design patent.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility):
  • Exception #1(abstract idea): At issue
• Requirement #3 (Novelty): No
• Requirement #4 (Nonobvious):

9.  Can you patent software?

You can patent a software program but you need to be aware that many software inventions are rejected for being abstract ideas. 

The software can be patent protected as a series of steps which would mean that the software is a process.  The software can also be patent-protected as a machine since the software is loaded on a computer.

However, many software inventions are rejected because they are not eligible for patent protection.  They are classified as abstract ideas, which is an exception to the four categories of inventions mentioned above.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
  • Exception #1(abstract idea): At issue
• Requirement #3 (Novelty): No
• Requirement #4 (Nonobvious):

10.  Can you patent a mobiel app?

An app or mobile application is essentially a software program.  The mobile app is eligible for patent protection as a process. If the software is loaded on a computer, then the mobile app is protected as a machine (requirement #2). Nevertheless, many mobile apps are considered to be abstract ideas, and not patentable.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
  • Exception #1(abstract idea): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

11.  Can you patent code?

No, you cannot patent software code itself.  

Software code is the underlying programming verbiage of the software.  The software code should be protected by copyrights.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

12.  Can you patent a video game?

Yes, you can patent a video game.  See Nintendo’s Game Boy Patent.  The difficulty in getting the patent depends on which aspect of the game you are trying to protect. 

A pure video game is considered to be software.  However, many different aspects of video games can be protected.  For example, the hardware (e.g., joystick or controller), the accessories (e.g., Wii controller), the interconnectivity with others can be patented.  However, you would still have to overcome the most common rejection that the video game is an abstract idea.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
• Exception #1(abstract idea): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

13.  Can you patent a toy?

A toy can be patented.  Check out the Lego patent.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

14.  Can you patent a process or method?

Both a process and a method can be patented.  They are both a series of steps and satisfy requirement #2.  Plus, a process and method are one of the four categories of inventions that can be patented, namely, process.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

15.  Can you patent a service?

A service can be patented.  For example, if you are providing a new way of assembling a teddy bear, then the new method (requirement #2) could be patented.  Here is Build a Bear’s patent.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

16.  Can you patent a recipe?

A recipe can be patented.  However, you should also consider trade secret protection.

A recipe is a list of ingredients and a process for combining the ingredients.  Hence, a recipe would be considered a composition of matter and a new process and can be patented.  However, many companies protect recipes as their trade secrets.  The most famous recipe protected by trade secret is the formula for coca-cola.

You can even visit the vault where the recipe is held.  See a picture of it here.  The benefit of trade secret protection over patent protection is that trade secret protection lasts for as long as the recipe remains a secret.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes but consider trade secret.
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

17.  Can you patent food?

Food can be protected with a patent.  However, trade secret protection should also be considered. 

In general, food is protected as a trade secret, not a patent.  However, food can be patented. See Sealed crustless sandwich.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): Yes, but consider trade secret. 
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

18.  Can you patent a font?

You cannot get a patent on a font.  Fonts are aesthetic in nature. Therefore, a font is not useful.  Requirement #1 is at issue. Also, it may not be eligible because it is not one of the four categories of inventions.

The font may be suitable for protection with copyrights.  Unfortunately, styles cannot be copyrighted.  You might be able to copyright all of the alphabets or letters of the language.  Moreover, copyright law does not allow one to copyright short words and phrases.  A font of a letter would be challenging to get.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

19.  Can you patent a design?

You can get a design patent on a design.  You cannot get a utility patent on a design because the design is not useful.

Here is more information on protecting your design with a design patent. Best uses of a design patent.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

20.  Can you patent a dance?

You cannot patent a dance.  You should consider copyright protection.  However, there may be other aspects of the dance you can get a patent on.

A dance or choreography is protectable by copyright, not patents.  However, if you use some special tools (requirement #2) to do your dance move, then you could get a patent on it.  Michael Jackson invented and patented the anti-gravity shoes.  He co-invented it with a couple of other guys.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): At issue and consider other aspects of the dance.
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

21.  Can you patent a drink?

You cannot patent a drink. 

A drink is more like a recipe and protectable by trade secrets.  Unless the drink is new and the function is new, you cannot get a patent on a drink.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

22.  Can you patent a dye or color?

A color can be protected by a patent if the invention is functional.  For example, some inventions use eyewear to highlight colors.  These glasses are used in warehouse facilities to help workers easily spot inventory.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

23.  Can you patent jewelry?

Jewelry is in general protected by copyright as a sculpture, not by a patent.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

24.  Can you patent a jewelry design?

You can protect a jewelry design with a design patent. Here is an article more about protecting your jewelry design with a design patent. Best uses of a design patent.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

25.  Can you patent a clothing design?

Functional clothing can be patented. A clothing design should be protected with a design patent. 

For example, you can get a patent on functional clothing such as clothing that is cool or waterproof.  However, if the design is to a look, then it should be protected by copyrights or a design patent.  A pure design is not useful and cannot be protected with a utility patent.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

26.  Can you patent a joke?

You cannot patent a joke.  The joke is not a machine, process, manufacture, or composition of matter.  Hence, it doesn’t satisfy requirement #2.  However, it could be copyrighted.

If the joke required a tool to perform, then you might be able to get a patent on the device.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): At issue 
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

27.  Can you patent a logo?

You cannot patent a logo.  You need to protect it with a trademark.

A logo is not a machine, process, manufacture, or composition of matter and does not meet requirement #2.  However, you could get a trademark on the logo.  Here is more information on trademarks.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility): At issue
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

28.  Can you patent a model?

A model is not patentable.  You are most likely asking this question because patent attorneys might talk about the need for a prototype.

In this regard, you don’t need a model or working prototype to get a patent.  You don’t need to prove that the concept works with a prototype before you get a patent on it.  The invention needs to make sense to one of ordinary skill in the art.  However, if your machine is a perpetual motion machine then you should build a prototype to prove that it works before you can get a patent.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

29.  Can you patent a perpetual motion machines?

No, you cannot patent a perpetual motion machine because it is not useful. You cannot enable one of ordinary skill in the art to make and use the invention.  Hence, your written description will be defective.

• Requirement #1 (Useful): At issue
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious)

30.  Can you get a patent on your name?

You cannot get a patent on your name.  You might be able to get a trademark on your name.  For example, Kate Spade or Christian Dior are popular trademarks on people’s names.  Here is the necessary information on getting that done.  Trademark Basics.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty):
• Requirement #4 (Nonobvious):

31.  Can you patent your DNA?

You cannot patent your DNA because it is not new.  So, how do people get a patent on DNA?  The DNA must be a non-naturally occurring sequence.  If you cut out a section of the DNA, then that section is not naturally occurring and thus can be patented.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty): At issue
• Requirement #4 (Nonobvious):

32.  Can you patent yourself?

You cannot patent yourself because you are not new.

• Requirement #1 (Useful):
• Requirement #2 (Eligibility):
• Requirement #3 (Novelty): At issue
• Requirement #4 (Nonobvious):