Utility patents must meet three statutory requirements under 35 U.S.C. § 101 to be considered patentable subject matter: The Invention Must Be New. The Invention Must Be Non-Obvious. The Invention Must Be Useful.
Some main points include: - A patent is a grant given by an authority to an inventor that gives them exclusive rights over their invention for a set period of time, usually 20 years. - The person to whom a patent is granted is called the patentee.
Nearly anything can be patented. Machines, medicines, computer programs, articles made by machines, compositions, chemicals, biogenetic materials, and processes, can all be the subject matter for a United States patent.
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements thereof, may obtain a patent, subject to the conditions and requirements of this title.
Just talk to a patent attorney, someone who specializes in medical devices. He or she will do a search for you and make sure you're in the clear to apply for a patent. As you know, the FDA does regulate medical devices, but with less scrutiny that medications. It also will depend if the device is implantable or not.
Mechanical engineering innovations can be protected by patenting an end product, a machine and even a technical process, preferably all of these may be protected at the same time.
For example, the laws of nature, physical phenomena, and abstract ideas cannot be patented, nor can only an idea or suggestion. Other restrictions include the patenting of inventions exclusively related to nuclear material or atomic energy in an atomic weapon (see MPEP 2104.01).