Patent

[lsvidhyasagar]

What is the name of your state? California

It is said Natural law/s are not patentable but if they lead to practical application/s then patentable.

Which is patentable? the application, say a device, only or the law/s or the use of the law/s in the construction of such or a similar device?

Can the claim be: I claim the device (comprising components 1,2,3) and the use of the laws in the construction of similar devices?

 

[divgradcurl]

What is the name of your state? California

It is said Natural law/s are not patentable but if they lead to practical application/s then patentable.

Which is patentable? the application, say a device, only or the law/s or the use of the law/s in the construction of such or a similar device?

Can the claim be: I claim the device (comprising components 1,2,3) and the use of the laws in the construction of similar devices?

The device may be patentable, but the use of "natural laws" would not be. Actually, although technically a natural law might, in some limited form, be patentable, in practice, natural laws are not patentable. There is actually considerable debate right now in the courts over what constitues a patentable invention and what constitutes a fortuitous, but unpatentable, discovery of a natrual law or naturally-occuring phenomenon. This debate covers the patentability of drug combinations, genetic markers and materials, and certain medical procedures that are naturally-occuring, but "discovered" by the ones seeking to obtain a patent. Currently, these appear to be patentable, but the indicators are that the law in this area is likely to change or be modified.

In the osftware context, there is a fine line between a patentable "computer method" and an unpatentable mathematical algorithm. The boiundaries of this "fine line" are still being worked out in the patent office and the courts.

Probably the best advice is if you have some question about the patentability of your invention -- or the scope of the coverage of a patent -- is to talk to a local patent attorney or agent to get an opinion.

 

[lsvidhyasagar]

patent

Thanks divgradcurl

Does it mean that I cannot prevent (infringe) others from using natural laws (known or newly discovered) used by me in making similar devices for the same purpose/s?

Regards

 

[divgradcurl]

Thanks divgradcurl

Does it mean that I cannot prevent (infringe) others from using natural laws (known or newly discovered) used by me in making similar devices for the same purpose/s?

Regards

Generally no. "Methods" can be patented, so if you invent a new method for creating a particular product, then the method, which likely encompasses natural laws, can be patented, and you can keep others from using you method. But you cannot keep others from using the natural laws themselves to create their own methods.

If you have a specific invention in mind, probably the best way to get an accurate answer is to talk with a local patent attorney or agent, who can discuss whether or not your invention is patentable based on all of the facts of your particular situation.