What does a patent not protect?

Asked by: Mr. Rickey Keebler  |  Last update: February 17, 2026
Score: 4.7/5 (73 votes)

A patent does not protect abstract ideas, laws of nature, natural phenomena, or discoveries; it also excludes artistic works (copyright), business methods (unless technical), and certain things contrary to public order, like weapons, while computer programs are often protected as software, not patents, though specific implementations might be patentable. Patents cover new, useful, non-obvious inventions that are processes, machines, manufactures, or compositions of matter, not just concepts or existing natural things.

What cannot be protected by a patent?

Works such as music, literature, films, and plays are not patentable. These are protected by copyright, not patent law. Ideas that are theoretical or conceptual, without any practical application, are not patentable.

What things cannot be patented?

You cannot patent abstract ideas, laws of nature, natural phenomena, mathematical methods, scientific theories, artistic/literary works, mental processes, business methods, medical procedures, naturally occurring substances, plant/animal varieties, computer programs (in some cases), or anything purely for aesthetic purposes or contrary to public morals/policy. While discoveries themselves aren't patentable, new applications or processes involving them often are, provided they are novel, useful, non-obvious, and have a practical, technical application. 

What is not eligible for a patent?

Things That Cannot Be Patented

Anything that falls outside the statutory requirements for utility, design, or plant patents is ineligible for a patent in the United States. Courts have also dictated several judicial exceptions to patentability, most notably abstract ideas, laws of nature, and natural phenomena.

Is Coca-Cola patented?

No, Coca-Cola's secret formula is not patented; instead, the company protects it as a closely guarded trade secret, a strategy chosen to keep the recipe confidential indefinitely, unlike a patent which requires public disclosure and expires after a set term. While the formula is a trade secret, Coca-Cola does hold numerous patents for other aspects, like beverage dispensers and the iconic bottle design.
 

Patents Don’t Protect You From People Stealing Ideas!

16 related questions found

What is the most famous patent?

1. The Lightbulb. The electric lightbulb is perhaps one of the most famous patented inventions known to humankind. It was awarded to Thomas Alva Edison in the year 1878.

What if I invested $1000 in Coca-Cola 10 years ago?

Investing $1,000 in Coca-Cola (KO) stock about 10 years ago (mid-2015 to mid-2025) would have grown significantly, potentially doubling or more, depending on the exact date, with returns often cited around 100-130% or more, turning your $1,000 into roughly $2,000 to $2,300+, but often underperforming a broader S&P 500 investment over that specific decade, though KO offers strong dividends as a "Dividend King".
 

How much does a 20 year patent cost?

Cost to obtain and manage a patent

Obtaining and managing patent rights for an invention is very expensive. For example, a U.S. patent can cost in the range of $30,000 to $50,000 over its 20-year life.

What is illegal use of patent?

Patent violations, also known as patent infringements, occur when someone uses or exploits a patented invention without the permission of the patent holder. This can happen through various actions, often due to disregard of patent laws.

What are the 4 requirements for a patent?

Requirements for Patentability

  • Patentable Subject Matter. Under 35 U.S.C. ...
  • Utility. The invention must be useful. ...
  • Novelty. An invention must not be known or used by others, or described in a printed publication before the applicant's invention date (35 U.S.C. ...
  • Nonobviousness. ...
  • Enablement.

What is the craziest patent?

1. Patent No. 883,611 – Bells on Rats. This 1908 patent was aimed at creating the proverbial “better mousetrap.” The rodent is lured to the trap using cheese, but instead of being killed the device snaps a bell onto its neck.

What is the rule 7 of patent?

Rule 7.

(1) The fees payable under section 142 in respect of the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable under the Act shall be as specified in the First Schedule.

What did Elon Musk patent?

Elon Musk holds patents for early internet innovations like online mapping and business directories, while his companies, especially Tesla and SpaceX, have extensive patent portfolios in areas like electric vehicles, autonomous driving, and reusable rockets, despite his public stance against patents; he famously released Tesla's patents for open use but actively innovates and protects IP for his ventures. He has about 25 patents personally, but his companies hold thousands, covering innovations from AI for autonomous cars (like Tesla's Summon) to rocket technology. 

What are the three things not protected by copyright?

Three categories of items not protected by copyright include ideas, methods, and systems, names, titles, and short phrases/slogans, and works of the U.S. government, as copyright protects original expressions fixed in a tangible form, not concepts or public domain material. Other examples include facts, common information, functional designs, and unrecorded performances. 

What does a patent prevent you from doing?

Patents protect innovation. In the United States, the owner of a patent has the right to “exclude others from making, using, offering for sale, or selling” the invention or “importing” instances of the invention into the United States.

What are the 4 types of patents?

Utility patents protect new inventions, processes, and methods of production. Design patents focus on safeguarding the aesthetic aspects of a product. Plant patents are granted for new and distinct varieties of plants. Provisional patents secure an early filing date temporarily for an Innovation.

What violates a patent?

(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

Who is the only US president to own a patent and a saloon?

On May 22, 1849, Abraham Lincoln received Patent No. 6469 for a device to lift boats over shoals, an invention which was never manufactured. However, it eventually made him the only U.S. president to hold a patent.

What is the 3 month rule for copyright?

The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP. 

What is the lifespan of a patent?

Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications).

What are common patent mistakes?

Mistake #1: Talking About Your Invention Too Soon

One of the most common missteps is disclosing your invention publicly before filing a patent application. Public disclosures can include trade shows, product demos, investor presentations, or even a post on your business's website or social media.

What if I invested $10,000 in Apple in 1990?

Investing $10,000 in Apple (AAPL) stock in 1990 would have yielded an astronomical return, making you a multimillionaire many times over by today, with calculations suggesting it would be worth tens of millions of dollars (or potentially over $100 million with dividends reinvested) due to incredible growth, stock splits, and the success of products like the iPhone, though exact figures vary slightly based on calculation dates and dividend reinvestment, Yahoo Finance. 

Which stock is going to skyrocket in 2025?

Predicting a single "booming" stock for 2025 (which has already passed) is impossible, but strong performers and key sectors in 2025 included Nvidia (NVDA), AMD (AMD), and other tech giants like Microsoft (MSFT), Apple (AAPL), Amazon (AMZN), and Alphabet (GOOG), driven by AI, with specific growth opportunities also seen in healthcare (Eli Lilly, J&J), renewable energy (NextEra Energy, GE Vernova), and value tech (Yiren Digital). The overall trend favored growth stocks, though market volatility persisted.