Qualifying for a Patent FAQ

Questions:

• What types of inventions can be patented?
• What types of inventions are not eligible for patent protection?
• Can computer software qualify for patent protection?
• What makes an invention "novel"?
• When is an invention considered "nonobvious"?
• What makes an invention "useful"?

Answer:

Can computer software qualify for patent protection?

Yes. Even though you can't get a patent on a mathematical formula per se, you may be able to get protection for a specific application of a formula. Thus, software may qualify for a patent if the patent application produces a useful, concrete, and tangible result. For example, the USPTO will not issue a patent on the complex mathematical formulas that are used in space navigation, but will grant a patent for the software and machines that translate those equations and make the space shuttle go where its supposed to go.