What Cannot Be Patented

Understanding the boundaries of patent protection

Not everything can be patented. Patent law excludes certain categories of subject matter from protection, including laws of nature, natural phenomena, and abstract ideas. Understanding these exclusions is crucial for determining whether your invention is eligible for patent protection.

science

Laws of Nature

Fundamental scientific principles and natural laws cannot be patented. These are discoveries, not inventions, and belong to everyone.

Examples:

  • close E=mc² (Einstein's mass-energy equivalence)
  • close Laws of thermodynamics
  • close Newton's laws of motion
  • close Chemical reactions found in nature

However: A practical application of a law of nature may be patentable (e.g., a machine that uses E=mc² to achieve a specific result).

nature

Natural Phenomena

Products of nature and naturally occurring phenomena are not patentable, even if newly discovered.

Examples:

  • close Naturally occurring minerals or elements
  • close DNA sequences as they exist in nature
  • close Isolated natural products without modification
  • close Electromagnetic waves

However: A modified or synthetic version of a natural product may be patentable if it has markedly different characteristics.

lightbulb

Abstract Ideas

Pure concepts, mental processes, and abstract ideas are not patentable. The invention must have a concrete, practical application.

Examples:

  • close Mathematical formulas and algorithms (by themselves)
  • close Economic theories or business models (without technical implementation)
  • close Mental processes or ways of thinking
  • close Ideas or suggestions without practical implementation

However: A technical implementation of an abstract idea may be patentable (e.g., software that implements an algorithm to solve a technical problem).

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Literary and Artistic Works

Creative and artistic works are protected by copyright, not patents.

Protected by Copyright Instead:

  • arrow_right Books, articles, and written works
  • arrow_right Music, songs, and compositions
  • arrow_right Artwork, paintings, and sculptures
  • arrow_right Films and videos
block

Other Exclusions

Additional categories of subject matter that cannot receive patent protection.

Human Organisms

Human organisms and their genetic sequences as they naturally occur cannot be patented.

Offensive or Immoral Inventions

Inventions that are injurious to public morals or health may be denied patent protection.

Atomic Weapons

Inventions useful solely in the utilization of special nuclear material or atomic energy for atomic weapons are excluded.

Methods of Doing Business (Limited)

Pure business methods without technical implementation are not patentable, though business method patents with technical features may be eligible.

Printed Matter

The mere arrangement of printed matter without functional relationship to a substrate is not patentable.

The Alice/Mayo Test

U.S. courts use a two-step test (from Alice Corp. v. CLS Bank and Mayo v. Prometheus) to determine if an invention is patent-eligible:

Step 1: Is the claim directed to an abstract idea, law of nature, or natural phenomenon?

If no, the claim is patent-eligible. If yes, proceed to Step 2.

Step 2: Does the claim recite additional elements that amount to significantly more than the judicial exception?

The claim must transform the abstract idea into a patent-eligible application through a concrete, practical implementation.

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Making Your Invention Patentable

If your invention falls into an excluded category, consider:

  • check_circle Add technical implementation - Transform abstract ideas into concrete technical solutions
  • check_circle Focus on the application - Patent how you use a law of nature, not the law itself
  • check_circle Modify natural products - Create synthetic or significantly modified versions
  • check_circle Demonstrate utility - Show practical, real-world applications