United States has the most expansive patent subject matter in the world. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time.
To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),
Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention.
Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.
Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The claims define the metes and bounds of the invention claimed by the inventor.
The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. An invention generally falls under more than one category.
Selling the invention for testing deprived it of the novelty.An invention can not be patented, if the inventor had abandoned the invention to the public. An invention is not patentable if another person before the applicant has invented it.
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