Qualifying for a Patent FAQ

What types of inventions are not eligible for patent protection?

Some types of inventions will not qualify for a patent, no matter how interesting or important they are. For example, mathematical formulas, laws of nature, newly discovered substances that occur naturally in the world, and purely theoretical phenomena -- for instance, a scientific principle like superconductivity -- have long been considered unpatentable. In addition, the following categories of inventions don't qualify for patents:

  • processes done entirely by human motor coordination, such as choreographed dance routines or a method for meditation
  • most protocols and methods used to perform surgery on humans
  • printed matter that has no unique physical shape or structure associated with it
  • unsafe new drugs
  • inventions useful only for illegal purposes, and
  • non-operable inventions, including "perpetual motion" machines (which are presumed to be non-operable because to operate they would have to violate certain bedrock scientific principles).

Talk to a Lawyer

Need a lawyer? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Connect with local attorneys

Legal Information & More from Nolo

NOLO4:LEADS1.1.7.37128