You can absolutely patent a new and useful process under U.S. patent law (and not just physical inventions). This is known as a “utility patent,” and you can obtain one for a method or process that is more than just an abstract idea and is novel, nonobvious, and useful, and the application describes it clearly enough for others in the field to carry it out.
Patents are not just reserved for physical inventions. You can also patent a method or process if you choose to. Many patents of this type actually end up being quite valuable. If you need help determining whether or not you should try and patent something that you have created, an Orange County, California patent lawyer can help you figure out if your invented method or process is eligible for a patent. If it is, we can help guide you through the process.
What Counts as a Method or Process?
A method or process is a series of steps for doing or making something, as opposed to an actual physical thing or invention. Some of the most common examples of methods and processes that we see are as follows:
- Software-implemented methods
- Business methods (though these tend to face extra scrutiny)
- Medical or diagnostic methods
- Methods of using an existing invention or material in a new and non-obvious way
What Are the Requirements for Patenting a Method or Process?
Not just any method or process can be patentable. First of all, it has to be more than just an idea. Though you do not have to build or perform the method before filing, you must be able to describe it in enough detail that someone skilled in the field could carry it out.
The method must also be novel and nonobvious. This is a new way to do things, and a person with ordinary skill in that field would not look at the problem you are trying to solve and come up with the exact same solution.
This may seem obvious, but the process you are introducing must also be useful. Something less effective than current methods or a technique that can only be seen as a novelty at best may not be patentable.
Finally, this method should not have been made public before you file. U.S. law gives you a one-year grace period for your own public disclosures, but many other countries do not, so the safest step is to file first.
Why Some Methods Are Rejected as “Abstract Ideas”
One of the most common reasons patents are rejected is because they are considered to be “abstract ideas,” even if they are a new or useful method. Importantly, three things can’t be patented on their own: laws of nature, natural phenomena, and abstract ideas. The USPTO treats abstract ideas as covering:
- Mathematical concepts
- Certain methods of organizing human activity such as basic economic practices and business dealings
- Mental processes that a person could do in their head or on paper.
Method claims are the ones most often caught by this rule.
First, the examiner asks whether the claim is “directed to” one of those excluded categories; if so, the examiner asks whether the claim adds “significantly more,” meaning whether your method or process adds concrete technical steps, a specific machine, or an improvement to how a computer or process actually works. If your method or process doesn’t meet this threshold, it may be rejected.
How Can I Apply to Patent My Method or Process?
To patent a method or process, you file a utility patent application with the USPTO that fully describes the method and claims what is new about it. When you are ready to patent your method or process, you should fill out a utility patent application. Your application should offer a complete description of the method you have invented and how it works with currently used technology or equipment. Many inventors first file a provisional application, a less formal filing that gives you 12 months to file the full application while your invention is “patent pending” (see the USPTO’s utility patent guide).
Once submitted, your application will be reviewed by a patent examiner at the United States Patent and Trademark Office. The USPTO may respond with an “office action” asking you to make amendments to the application or offer counter-arguments that can overcome any objections it has to your method or process. Finally, your patent application can be allowed or rejected.
What`
Do I Need a Lawyer?
You are not required to hire a lawyer when patenting a method or process, but it can be beneficial to have a legal professional on your side during this process. In fact, the USPTO itself recommends using a registered patent attorney or agent because the process is complex, and filing for a patent requires quite a bit of time and paperwork. You want to be sure that you are doing everything right.
Only patent attorneys and patent agents registered with the USPTO may represent inventors before the agency, and the USPTO cautions that a self-filed application may not end up adequately protecting the invention.
A lawyer from our firm can help you submit a complete application to the United States Patent and Trademark Office in a timely manner. California inventors can also find free educational programs and resources through the USPTO’s Western Regional Outreach Office in San Jose.
Contact Our Law Firm Today
If you have invented something interesting that could end up being profitable, you need to protect it. Contact Burns Patent Law and schedule a consultation with our team. We would love to learn more about your invention and help you evaluate its eligibility for a patent.
