What cannot be patented?
While any list of what cannot be patented will inevitably vary over time and between different countries, the following is a list of the key items that could not be patented in the UK as at 2018:
literary, dramatic, musical or artistic works
a way of doing business, playing a game or thinking
a method of medical treatment or diagnosis
a discovery, scientific theory or mathematical method
the way information is presented
some computer programs or mobile apps
‘essentially biological’ processes like cross-breeding plants, and plant or animal varieties.
While in the UK you cannot patent computer programs, new plant varieties or human DNA, in the USA patenting is allowed on some of those categories of invention. In recent years efforts have been made to update US legislation to be more in line with UK and European terms (see Babbage, 2013), though it is worth remembering that these differences exist if you intend to trade internationally.
Activity 1 Can your invention be patented?
Reflect on your business idea. If you have invented something, consider whether it meets the three key criteria for a successful patent application or, indeed, whether it is something that cannot be patented.
Discussion
Even if you have invented something that cannot be patented it is worth looking at other ways of protecting your intellectual property. These are discussed in the next sections.
3.1 Patents