• Home
  • About
    • Client Reviews
    • Patent Samples
    • Accolades
    • About Firm
    • Technologies
    • FAQs
  • Services
    • Patents
      • Patent Consultation
      • Patent Search Service
      • Patent Application Service
      • Patent Prosecution
      • Utility Patents
      • Design Patents
      • Patent Defense
      • Patent Enforcement
      • Working with In-House Attorneys
    • Trademarks
      • Trademark Search
      • Trademark Application Services
      • Trademark Prosecution
      • Trademark Enforcement
      • Trademark Defense
    • Licensing
    • Worldwide IP
    • Risk Management
    • Due Diligence
  • Industries
    • Browse Patent Samples
    • Automotive Patents
    • Construction Patents
    • Consumer Products Patents
    • Electronics Patents
    • Food, Beverage, & Other Culinary Patents
    • Manufacturing Patents
    • Medical Products & Devices Patents
    • Optics Patents
    • Software & App Patents
    • Tools & Equipment Patents
  • Learning Resources
    • First-Time Inventor?
    • Why Patent Your Invention in a Bad Economy?
    • Videos on Patents
    • Search 180+ Articles
      • Patent process
        • Overview of Patent Process
          • Patent process timeline and major milestones
          • Patent Process: Invention to Patent Granted (Simplified)
          • Patent process, overall steps and procedures
        • Overview of the examination process within the USPTO
          • Highs and lows of securing patent protection for your invention
          • What is the Patent Office procedure after filing a patent application?
        • Benefits of a Patent Search
          • What is a patent search and How to do it?
        • Patent attorneys, agents and the USPTO can help with the patent process
        • USPTO Website
      • Invention Agreements
        • What is an NDA and when to use them?
        • How to use a contract to protect your invention?
        • Working with others without losing your IP rights
        • Patent Assignments for Independent Contractors
        • Losing Invention Rights When Hiring or Collaborating with Others
        • Avoid Problems: Get an Invention Assignment Agreement
      • Protect Inventions
        • Misconceptions of Provisional Patent Applications
        • Do you need to get your patent attorney to sign an NDA?
        • Can a confidentiality agreement protect me like a patent application?
        • Four types of intellectual property to protect your idea and how to use them
          • Overview of Patents and Intellectual Property
          • Patent protection benefits and why every inventor should consider getting one
          • 8 tips to successfully protect your idea
          • Benefits of Patent Protection
          • Best uses for design patents
        • Reasons to only market your invention after securing patent pendency
          • Dangers of 1 yr grace period under first-inventor-to-file system
          • File a patent application before telling others about the invention
        • Risks and benefits of securing software patent protection
          • Strategy to overcome patentable subject matter rejection
        • Pros and cons of filing a continuation-in-part application
          • What is a continuation patent application?
      • How Patent Applications Work: the Basics
        • How to respond to an office action?
        • Request for non-publication of a patent application
        • Anatomy of a Patent Document
        • How to write a broad patent application?
        • Design patents: pros and cons
      • Patent costs
        • How much does it cost to get a utility patent?
        • Provisional Patent Application: Cheap Alternative?
        • Patent Cost Framework and cash flow
        • Provisional patent application: a cheap option?
        • Cheap provisional patent applications
      • Patent infringement
        • Basics of writing a patent claim for a patent application
        • Patent Marking: Everything you wanted to know
        • Avoiding Patent Infringement
        • Can I Copy My Competitor’s Product?
        • Can I Copy My Competitor’s Product? (Design Patent)
      • Worldwide patents
        • Pros and cons of securing worldwide patent protection and their steps
        • Foreign patent filing to secure protection in other countries
      • Responding to Office Actions
        • Overview of Office Actions
      • Trademarks
        • Trademark Registration: common law, state and federal
        • How to obtain a federal trademark registration?
        • How to select a trademark?
          • Protect your idea when pitching to an investor, potential licensee, or buyer
  • Schedule Consultation
  • Contact

Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, Los Angeles County & Beyond | OC Patent Lawyer, Irvine CA

Orange County Patent Attorney

(949) 433-0900
You are here: Home / Archives for Patent application process / Before filing a patent application / Patent Eligible Subject Matter

Patent eligible subject matter

Patent eligible subject matter is everything made under the sun except for abstract ideas, laws of nature and natural phenomena.

Browse related articles below.

What types of ideas can be protected by a patent?

December 29, 2022 by James Yang

Which ideas are eligible for patent protection

All ideas can be protected by a patent except for abstract ideas, laws of nature, and natural phenomena.  Nevertheless, many of these ideas, although they can be patented, won't be patented.  The invention must be novel and nonobvious on the merits to be patented.  The distinction I’m making is between eligibility for patent protection versus patented. You need to understand … [Read more...]

Can you patent a service?

November 9, 2022 by James Yang

can you patent a service

A service can be patented if it is new and nonobvious.  For example, you can get a patent on a new use for an old product. Here is a list of patents for various services: Service of finding lowest cost provider of subscription products: USPN7505924 Guest services management service: USPN7542560 Call transfer service: USPN7103166 Why is a service eligible for … [Read more...]

Can you patent an idea?

August 24, 2019 by James Yang

Everyone has had an "a-ha!" moment when the light bulb turns on.  You then think that you will be making millions.  However, before you get ahead of yourself, you have to find out if you can get a patent on your idea.  By the end of this article, you should be able to determine if you can get a patent on your idea.Can you patent an idea?  If the idea is a result, you cannot get … [Read more...]

Can I get a patent on my invention?

August 17, 2019 by James Yang

requirement patent

Inventors often ask me whether they can get a patent on their invention. After reading this article, you should be able to determine for yourself if your invention can be patented. So, how do you know if you can get a patent on your invention?  You can get a patent on your invention if it meets the four legal requirements, which are the: Utility requirement: The … [Read more...]

Plager calls to overturn current patent eligibility analysis

October 20, 2018 by James Yang

The holding of Interval Licensing LLC v. AOL, Inc. (Fed. Cir. 2018) is similar to Electric Power Group, LLC v. Alstom (Fed. Cir. 2016).  In these cases, the courts invalidated the patent as being directed to an abstract idea for claiming an end result and not the how to achieving it.  In Interval Licensing LLC, the dissent’s opinion is much more interesting. He explains … [Read more...]

Berkheimer and its ramifications on the future of software patents

July 1, 2018 by James Yang

Berkheimer Software Patents

The Berkheimer holding has the potential to swing the pendulum favorably back for software patents.  In particular, the patent allowance rates for software inventions could rise significantly from the low levels they are at now.  The Berkheimer holding sounds innocuous but the ramifications are significant.  In particular, Berkheimer stands for the proposition that patent … [Read more...]

Method of treatment is eligible for patent protection versus a diagnostic method

May 26, 2018 by James Yang

treatment method patent eligible

Although Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals (Fed. Cir. April 13, 2018) is in the field of medicine, it could be applicable to other fields as well because in a broad sense Vanda is dealing with a distinction between diagnosing a condition (ineligible) versus a method of treatment (eligible).  For example, is a method of detecting an underground leak … [Read more...]

USPTO REPORT ON PATENT ELIGIBLE SUBJECT MATTER

September 1, 2017 by James Yang

The basis for patent eligibility standards In July 2017, the United States Patent and Trademark Office published its PATENT ELIGIBLE SUBJECT MATTER: REPORT ON VIEWS AND RECOMMENDATIONS FROM THE PUBLIC.  For those in life science and computer-related technologies, this is a good summary of the various competing sides one should be aware of in developing a strategy to … [Read more...]

Next Page »

Popular Posts

  • Patent process overview
  • Patent process explained
  • How much does a patent cost?
  • Why patent your invention in a bad economy?

Patent Book

Navigating the Patent System - new book by Orange County patent attorney, James Yang

Navigating the Patent System: Learn the patent process and strategies to protect your invention

Read for Free
Buy at Amazon

RECEIVE PATENT ARTICLES

Stay up to date on major changes and get tips on the patent process.

We respect your privacy.

Popular Posts

Patent process overview
Patent process explained
How much does a patent cost?
Trademark process and costs
Patent process and costs

 

Services

Patent Consultations
Patent Searches
Patent Applications
Utility Patents
Design Patents
Patent Prosecution Services
Patent Defense Services
Patent-Law Counsel for In-House Attorneys
Trademark Overview
Trademark Search Services
Trademark Application Services
Trademark Prosecution Services
Trademark Enforcement Services
Trademark Defense Services
See All Services

Industries

Automotive Patents
Consumer Products Patents
Culinary Patents
Manufacturing Patents
Medical Patents
Optics Patents
Software & App Patents
See All Industries

Contact

James Yang
OC Patent Lawyer
2372 Morse Ave., Suite #178
Irvine, CA 92614
Tel: (949) 433-0900

Connect

  • Facebook
  • LinkedIn

Sitemaps

Sitemap: Pages | Sitemap: Posts

Terms of Use and Privacy Policy

By accessing this blog, you agree that no attorney-client relationship is formed except by a subsequent written retainer agreement. Also, you agree to not send confidential information unless directed by me to do so. The information posted on this blog is legal information and not legal advice.
Complete Terms of Use
Complete Privacy Policy

ADA Compliance

OC Patent Lawyer aims to ensure that its services are accessible to people with disabilities.
Accessibility Statement

Service Area

From our office in Irvine, California, we serve clients from all areas within Orange County and Los Angeles County, California.

© 2023 · James Yang, Your Entrepreneur and Mid-Size Business Patent Attorney