Patent Flexibility

The U.S. patent system has a lot of flexibility that benefits the inventor. It is true that the U.S. Patent and Trademark Office (USPTO) has very specific requirements on the form for patent applications. This includes items such as the size and type of paper used, the font, details on drawings or photographs, and a closely specified format.

However, the major flexibility is in the subject matter that can be patented. A patent is available to anyone who "invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof." This portion of the U.S. patent law has been interpreted very broadly to apply to many areas.

One interesting and now controversial area is "business methods," which includes a lot of Internet-related techniques. One of the most controversial is patent #5,960,411, which was issued to Amazon.com. This patent details the one-click shopping technique used on the Amazon.com Web site. Amazon was vigorously enforcing this patent but received a lot of criticism for its actions. Amazon sued Barnes & Noble, but then quietly settled the case before it went to trial this past spring.

Business methods is one of the fastest growing patent areas. There were more than 740 patents issued in the past five years in the same classification as the Amazon.com patent. This area is limited to Internet-style transactions.

This flexibility in the subject of inventions and the ability to handle new concepts and newer technologies make the U.S. patent system vital and very useful to inventors from around the world. Inventions need not be just hardware or software; they can also be methods that incorporate hardware, software or both.

USPTO celebrated its 200th birthday in October. It continues to be relevant and important as technology continues to advance and inventors continue to create new ideas.

On the other hand, many companies utilize a strategy to not patent their products. This often occurs at companies whose products have very short lifecycles. By the time a patent is issued, much of the product has been sold. This is a legitimate strategy as long as the flexibility of the patent process is fully understood. The new provisional patent application may be ideal for a company with quick product lifecycles. With low cost and effort, it still allows the company to designate its product as patent-pending.