Patent Law Patent law in the U.S. is based on a federal statute, the Patent Act. States are prohibited from granting protection similar to that provided by the Patent Act. Inventions and processes protected by utility patents can be electrical, mechanical, or chemical in nature. Examples of works protected by utility patents are a microwave oven, genetically engineered bacteria for cleaning up oil spills, a computerized method of running cash management accounts, and a method for curing rubber. Examples of works protected by design patents are a design for the sole of a running shoe, a design for sterling silver tableware, and a design for a water fountain.
Standards There are strict requirements for the grant of utility patents and design patents.
We'll discuss the requirements in this section. To meet the novelty requirement, the invention must not have been known or used by others in this country before the applicant invented it, and it also must not have been patented or described in a printed publication in the U.S. or a foreign country before the applicant invented it. The policy behind the novelty requirement is that a patent is issued in exchange for the inventor's disclosure to the public of the details of his invention. If the inventor's work is not novel, the inventor is not adding to the public knowledge, so the inventor should not be granted a patent. Meeting the useful requirement is easy for most inventions.