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Limitations of patent law

On Behalf of | Nov 28, 2021 | Intellectual Property

If you discover or invent processes, machines, or other items, you may need to get your work patented. This provides you with the protection you need to be able to stop others from exploiting your work. It’s imperative that you understand a few points about patent law so that you can ensure you’re protecting yourself.

One thing that you should know is that not everything can be patented. There are certain restrictions that cover items that can’t be patented. Remember that patent laws in the United States are only valid here. Other countries have different laws governing the issuance of patents.

What types of things won’t receive a patent?

It is possible that a patent application may be denied. For example, anything that is used for atomic energy for weapons or that is only useful in the use of special nuclear material cannot be patented. Things that aren’t useful and those that are a natural process cannot be patented.

There are also special rules for anything that’s already been used or known in another country or has been patented in another country. Additionally, there are specific requirements for things that have been published in a printed publication. If the publication was more than one year prior or if something has been used or for sale for more than a year in the United States, a patent may not be possible. 

Anyone who’s dealing with inventions, including creating special processes, should find out how the patent law in this country applies to them. Since these patents are not granted automatically, you should ensure that you handle the application process properly.