Can I Patent that? A Wade Into The Patentable Subject Matter Thicket

I can’t be the only one who’s experienced this scenario. You’re surrounded by your friends and one of them thinks of an invention that solves a frustrating problem in daily life. Then, one of your friends exclaims: “You should patent that!” As the discussion progresses, the euphoria of potential financial freedom sets in. If only we could commercially exploit this idea, then we’d be financially free–released from our student loan burdens and other debts. Hold on. Before you and your friends liquidate all your assets, apply for a patent (i.e., a time-limited exclusive right to your invention), and book an audition on Shark Tank, let’s go through a few things.

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You Get Cheaper Drugs! You Get Cheaper Drugs! Or Do You?

The IRA was enacted in 2022 by the Biden Administration. (No, not the IRA concerning your retirement funds!) Known as the Inflation Reduction Act, the IRA helps those on Medicare by taking important steps to reduce drug prices.  For the first time in decades, Medicare is permitted to negotiate with companies to reduce costs of the most expensive drugs.  In addition, it is dramatically reducing prices of one key drug. Insulin prices were capped at $35/month for those on Medicare. While this legislation is a massive step in the right direction for equal and affordable access to drugs, it does not go far enough.

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Patent Enablement – For the Greater Good of the General Public

Patent law is often thought to incentivize and benefit inventors. Patent holders have exclusive rights restricting others from making, using, selling, offering to sell, and importing into the U.S. their patented invention. However, the constitutional clause founding patent law aims to benefit the greater public by promoting the progress of science and useful arts. One of the ways patent law helps promote the progress of science is through the Enablement Requirement.

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Palatable Patents

Did you know that many of the food products you see on the shelf at the grocery store are patented?

Utility patents are granted by the United States Patent and Trademark Office (USPTO) for useful “inventions” that are new and nonobvious. The owner of a utility patent has the right to exclude others from making, selling, offering to sell, using, or importing the patented invention for a set period of time—usually around 17 years.

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Startups and Their (Non)Obvious Patents

Startups and Their (Non)Obvious Patents Many products and services we use every day are inventions from startups that were innovative, new, and exciting at the time they were created. For example, many of us now use, and take for granted, Uber for transportation or Square to easily pay with credit cards at restaurants or stores. While these companies’ platforms might be obvious to us now, … Continue reading Startups and Their (Non)Obvious Patents

Girls Just Want to Have Patent Rights

An Examination and Interview Conversation on Today’s Patent Gender Gap

Patented products are versatile and diverse. They have the capacity to revolutionize, take the 3D printer. They can entertain adults and children, cue the Rubik’s Cube. And they can make us scratch our heads, like this 1876 mustache guard.

Lots of things that we use in daily life are patented. Patents give inventors rights over their invention. These rights include: the right to exclude others from making, using, offering for sale, importing into the U.S., and selling that specific invention. A patent is like a reward from the U.S. Patent and Trademark Office given to inventors with new and useful inventions.
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Fair, Accessible Patent Protection for the Modern Inventor

So, you had an idea – a good one.

It’s new! (Nobody has disclosed it to the public before, and you haven’t either, except within a certain time frame.)

It’s useful! (It’s not just theoretical; it does something in real life.)

It’s non-obvious! (It’s something more than a simple derivative combination of existing components.)

It’s patentable subject matter! (It’s a process, a machine, an article of manufacture, or a composition of matter.)
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Discovering the World of Patent Prosecution: Where Science Meets Law!

Have you ever marveled at the latest gadgets or innovations, wondering about the creators behind them? Have you ever wondered if there was a lucrative path where you could expand your technical knowledge without being stuck in a lab or computer room for days? As a former computer science student that dreaded an impending programming career, I certainly have. Luckily, there’s a fascinating world out there, beyond labs, research, and programming, where I learned I could have a significant impact with my science background: the world of patent prosecution.
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The Price Isn’t Right: Sen. Warren’s Antidote to Costly Medicine

When I tell you the cost of many medications in America is prohibitively expensive, you likely aren’t surprised. Access to medicine and drug costs has been a major topic of debate for a long time. Most recently, U.S. politicians and pharma industry leaders have stoked the fiery debate on healthcare costs in response to the National Institute of Health’s (NIH) rejection for a petition to grant march-in rights for a prostate cancer medication called, Xtandi®. To learn more about march-in rights and the recent concern over the drug, Xtandi®, read High Drug Prices: Meet Bayh-Dole.
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Wacky Patents

Although patent law may be perceived as a very serious and sophisticated practice, it can also be fun! Other than practicing at the intersection of technical and legal knowledge, patent law also provides protection for a number of suprising and unexpected inventions. For example, a method of exercising a cat was found to meet the requirements for patentability. It is a common misconception that patented inventions must be groundbreaking or scientifically complex. In fact, inventions are patentable, or capable of achieving patent protection from the United States Patent and Trademark Office (USPTO), despite their deceptive, bizarre, or menial purposes. In the United States, inventions are patentable if directed to patentable subject matter that is new, useful, nonobvious, and. But, you may be wondering, who evaluates whether these “wacky inventions” meet these requirements and how are the patents obtained?  Let me explain.

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