Patentability

Name:
Patentability
Detailed information:
The qualifications for obtaining a patent on an invention or chemical process. These are (1) the invention must not have been published in any country or in public use in the U.S., in either case for more than 1 year before the date of filing the application; (2) it must not have been known in the U.S. before date of invention by the applicant; (3) it must not be obvious to an expert in the art; (4) it must be useful for a purpose not immoral and not injurious to the public welfare; (5) it must fall within the five statutory classes on which patents may be granted, i.e., (a) composition of matter, (b) process of manufacture or treatment, (c) machine, (d) design (ornamental appearance), or (e) a plant produced asexually. Special regulations relate to atomic energy developments and subjects directly affecting national security (Robert Calvert).

Note: In 1980, the Supreme Court in a landmark decision upheld the patentability of synthetic bacteria created by recombinant DNA techniques.