The oath or declaration must also include a statement required by the Patent and Trademark Office rules indicating compliance with all of the patent statutes. If a person who is not the inventor should apply for a patent, the patent, were it obtained, would be void. In such a case the person applying who falsely claims to be the inventor would also be subject to criminal penalties. What Can Be Patented U.S. patent law specifies the general fields of subject matter that can be patented, and the conditions under which a patent may be obtained. These classes of subject matter taken together include practically everything made by man and the processes for making them.
Patent protection is also available for plants and new and ornamental designs for useful products.
For example, alleged inventions of perpetual motion machines are refused patents. In order for an invention to be patentable it must be new as defined in the statute. If your invention has been used publicly or commercially by you or anyone else, or if it has been offered to anyone for sale, you should seek prompt advise concerning your rights. U.S. Patent law promotes prompt disclosure of inventions and requires filing of a patent application within very strict deadlines, normally within one year of any of the above-listed events. The novelty requirements of the patent laws of most other countries are even more strict.