Patentable? What can you patent?

Can you patent that?

“Patentable?” – this is one of the most common questions we get from new clients. The question is not so much about whether their invention is novel or nonobvious. Many clients are asking whether the subject matter is even eligible for patent protection. I’ll try to tackle some of the broad categories of inventions that are eligible for patenting in the US.

Keep in mind the following general categories of patentable subject matter:

  • process
  • machine
  • article of manufacture
  • composition of matter
  • any new and useful improvement of the above

If you’re seriously considering a US patent, don’t forget that it’s a race to the patent office and you cannot patent any invention that you publicly disclosed more than a year ago.

Can you patent a game?

Yes, it may be possible to patent board games, card games and even other sorts of games. Focus on the game rules and articulate how and why your game is different than existing games.

Is a recipe patentable?

Yes, but it may be challenging to show that a recipe is nonobvious, even if the recipe may be new. Remember that you can’t patent anything you’ve sold or publicly disclosed for more than one year.

Can you patent a mobile app or desktop app?

Yes, see this post on patenting software.

Is a user interface (GUI) patentable?

Yes, UI and UX features are patentable. You can also apply for a design patent to protect the ornamental appearance of graphical user interfaces (GUI), i.e., icons.

Can you patent a different use for an existing product?

Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth trying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle. USPTO patent examiners will likely make it difficult for utility patent applications directed to new uses of existing products.

Are improvements to existing products patentable?

Yes. In fact, most patents cover improvements over preexisting inventions.

Can you patent a new process for making an old product?

Yes. It would definitely help to describe in detail any key steps that distinguish your process over prior art manufacturing processes, and tie those steps to any benefits (e.g., reduction in costs or time).

Is your invention patentable?

Email patent attorney Vic Lin or call (949) 223-9623 to discuss to take the next steps to protect your invention. We can discuss whether a utility patent or design patent would be most appropriate, the cost of a patentability search and the process filing the right type of patent application.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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