Patents exist to protect people’s intellectual property (IP) in order to promote new innovations, but the process of filing for one can often be complicated and time-consuming. If you’re working on a new idea and are wondering if it’s eligible for a patent, a Denver patent lawyer can be a great asset to have on your side. It can also be helpful to know what can and what cannot be patented in Denver.
Patents can cover many types of intellectual property, but they also leave out some arguably important categories of inventions. In order to understand your rights as a creator, it’s important to be able to determine what can and cannot be protected by patent law.
Four Types of Property That Can be Patented in Denver
In order to establish what cannot be patented, it’s helpful to state the types of property you can protect under patent law. There are four main categories of property for which you can file a patent. They include:
- Articles of manufacture. This includes all tangible items that a person can physically touch. Examples include clothes, smartphones, or tires.
- Compositions of matter. This refers to combinations of chemical compounds that result in a new mixture, such as a medication, a soap, or even a genetically altered lifeform.
- Machines. This pertains to any device or object with moving parts that creates a result or produces a function. Common examples include things like lasers, lighters, printers, or sewing machines.
- Processes. This refers to methods used to produce a concrete, tangible result. These processes must be specific and proven to work. Common examples include e-commerce processes, genetic engineering procedures, and investment strategies.
Patents can also be issued for a significant improvement to an invention that already exists, as long as it belongs in one of those categories. In addition to falling into one of the above categories, an invention must be novel, useful, and nonobvious. In other words, it has to be a significant development that elevates the field for which it’s being designed.
Inventions That Are Not Eligible for Patent Protection in Denver
Inventions that don’t meet the requirements stated above can’t be protected with a patent. This includes things like laws of nature, math formulas, new naturally occurring substances, and theoretical phenomena. Here are some other specific things that you cannot protect with a patent:
- Creative content
- Illegal inventions
- Many surgery methods and protocols
- Non-operable inventions
- Printed materials with no unique physical properties
- Processes controlled by human motor coordination
- Unsafe drugs
A Quick Look at Patents in Denver
In 2024, there were about 7,300,000 patents published in the United States. The top three technology sectors for Patent Cooperation Treaty (PCT) applications across the country include computer technology, medical technology, and digital communication.
In the past decade, 23 percent of patent holders in Colorado were women compared to 13 percent of women inventors nationwide. Moreover, in recent years, the University of Colorado made it onto a top 20 list in a global ranking of universities that are granted utility patents for inventions and innovations.
The growth of patents in Denver demonstrates a promising trend of growth in innovations. Some of the biggest sectors with patents in the state include healthcare and technology, which are in line with national trends.
FAQs
Q: Why Do Patents Fail in Denver?
A: The process of filing for a patent with the United States Patent and Trademark Office (USPTO) is complex and time-consuming, making it easy to make mistakes. The most common reasons patents fail in Denver include an idea or invention not being original, a lack of market demand, issues enforcing patent rights, and other problems with an application. It can be helpful to prepare your application with a trusted Denver patent lawyer, so you can avoid these issues.
Q: What Makes a Patent Unenforceable in Denver?
A: In certain situations, patent claims can be declared unenforceable, which essentially means the patent is no longer recognized by the USPTO. This can happen if someone misuses a patent or uses fraudulent practices to obtain a patent. Problems can also arise if a patent holder unreasonably delays the process of filing against an infringing party or if they have exhibited misleading conduct. These are two defenses known as latches and equitable estoppel.
Q: What Must Be Included on a Patent Application in Denver?
A: Your patent application must include detailed information about your invention and the application itself, including a claim of patent, a detailed description of the invention, disclosure of joint research, drawings or diagrams, and related patent applications. You can find all the rules for filing your application in the USPTO Manual of Patent Examination Procedure. It can be invaluable to have a Denver patent lawyer prepare this application with you.
Q: What Are Some Common Issues People Experience With the Patent System?
A: The patent system exists to promote creativity and foster innovations by protecting those creators and their work, but it’s not perfect. One big problem with the existing system is that your patent can be overturned if someone with enough money decides to challenge it. Many people also experience issues with prior art, which refers to evidence that proves an invention isn’t new. If someone wants to challenge your patent, they can present prior art that can invalidate your claims.
Get in Touch With a Denver Patent Lawyer to Learn More Today
Filing a patent can be overwhelming, especially when you try to tackle the process on your own. It’s advised to work with a Denver patent lawyer because it’s almost always stressful due to the specific requirements and how long the process can take when all is said and done. Patent attorneys have experience navigating intellectual property (IP) law, so they can be great assets to have on your side if you’re experiencing a legal dispute involving a patent or patent application.
At Four Reasons Legal, we have years of experience handling complex IP cases in the Denver area and beyond. If you want to discuss a case in more detail, all you have to do is contact our office to set up an appointment with a Denver patent lawyer today.
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