Types Of Inventions Not Eligible For A Patent

As an inventor, it’s important to understand that not all inventions are eligible for a patent. Section 2 of the Canadian Patent Act clearly defines what types of inventions are considered to be patentable. The definition presented clearly reads: "any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter."

The above-presented definition stresses the importance that an invention must be capable of bringing about a useful improvement in the existing mechanism of a process or composition of matter. But, there are inventions that don’t necessarily fit the definition, let us explore them.

A Non-Useful Invention

It is essential that the patent examiners believe that your invention is capable of serving a purpose or, in other words, of being useful. If your patent application doesn’t indicate any use for your invention or it is believed that there is no use for your invention, then your invention won’t be eligible for a patent. It is quite uncommon to receive an objection related to a non-useful invention as the courts have made it clear that only a scintilla of utility is required to satisfy the "useful" requirement. An example of a non-useful invention would be a perpetual motion machine which would work in a manner contrary to well established laws of physics. No perpetual motion machine has been created that actually works.

An Obvious Invention

In the world of intellectual property, there is no room for ‘obviousness’. If your invention can be easily deconstructed and recreated by an industry expert or an individual with the necessary knowledge pertaining to the field of your invention, your patent application may face rejection. In order to obtain a patent, your invention must be inventive. This requires more than changing an element to a known replacement part. There must be an inventive leap made to obtain a patent. The reason why obvious inventions are rejected is that patents are not given for simple variations of an invention. To avoid facing rejection, discuss your invention with patent lawyers and agents to elaborate on the essential prerequisites that an invention must have in order to qualify for a patent.

An Abstract Principle or Theorem

You will note that the definition provided in section 2 of the Canadian Patent Act does not discuss abstract principles or theorems. Section 27(8) clearly states that a patent cannot be issued for conceptual work. It is a different matter if the scientific principle or the abstract theorem can result in a tangible piece of invention that also meets the other essential criteria. There can be a fine line between abstract theorem and tangible inventions, a patent lawyer or agent can help you determine whether your invention meets the requirements for a patent.

Other Scientific ‘Inventions’

Other inventions that are scientific in nature, but still don’t qualify for a patent include the creation of higher life forms, the invention of different methods of medical treatment, or, any hypothetical inventions based on an existing piece of ongoing research. If you are unsure about the categorization of your invention, it may be useful to approach a patent lawyer or agent for help.

While you are at it, it might be beneficial to refer to this checklist that determines the patentability of your invention. Contact our team for further guidance about the eligibility of your patent. The patent process can be an expensive and time-consuming endeavour. When you do it, it is best to do it right.