Anything which occurs in nature cannot be patented.
But how did we arrive at that?
What is the process by which we came to that conclusion?
I am guessing some Genius decided to try and patent "water" or "gravity" or "oxygen", and then this was challanged in court, and then the ruling from the court was given- "anything which occurs in nature cannot have a patent". But this can only occur *after* the due process, and challange in court.
So.. I assume that there was an application for a "NATURAL ELEMENT" patent, and the patent was historically accepted, and later rejected via a challenge in the courts, by which the patent office can say --
We cannot accept this application for "Gravity".. etc.
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All of this is an assumption on my part.
Please can someone confirm or deny this.
Many thanks
2007-02-28 07:05:52 · 4 answers · asked by gaijin 1 in Politics & Government ➔ Law & Ethics
Denied
2007-02-28 07:09:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm not sure where exactly you got your information but if you go to the USPTO website it gives a good broad statement of what can and can not be patented:
any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,”
Key words would be new and useful. Another key thing about patents is you can not patent an idea you must be abel to either build it, or show the process in which you invented or discovered this new process or composition of matter.
I know you can patent the process of certain hybrid plants which once created could occur in nature, in theory.
2007-02-28 15:22:21 · answer #2 · answered by grk_tigris 3 · 0⤊ 0⤋
All intellectual property, copyright, patent and trademark must be based on an original creation. You did not invent oxygen, its existance pre-dates your birth (but possibly not mine). That includes all natural occurring substances. However you might think up a novel process that uses oxygen as a component, and possibly block a competitor that advantage with a patent.
2007-02-28 15:22:28 · answer #3 · answered by lare 7 · 0⤊ 0⤋
Hmmm. I'm thinking now I should apply for a patent on "wheels".
Don't worry though, I won't overcharge people for using my wheels. But should I charge "per rotation", or a one-time fee "per wheel"?
2007-02-28 15:20:49 · answer #4 · answered by Wyoming Rider 6 · 0⤊ 0⤋