How To Prevent Pitfalls When Pursuing Patent Protection

When B. Stanley Pons and Martin Fleischmann announced that they had achieved cold fusion last March, the scientific community understandably clamored for details. But information was not forthcoming, at least in part because patents were rapidly being filed on the work. Even though scientific secrecy can be maddening in cases such as this, patents are very much a part of science. In today's environment, when even organisms and equations are being patented, filing a patent application can be comp

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Even though scientific secrecy can be maddening in cases such as this, patents are very much a part of science. In today's environment, when even organisms and equations are being patented, filing a patent application can be complicated—especially the first time around. Here, for Scientists faced with the formidable and confusing process of applying for a patent, are some frequently asked questions-along with the corresponding answers.

In recent years, the scope of what can be patented has broadened appreciably. Since 1982, for example, algorithms have been patentable, reversing the long-standing consideration of these mathematical expressions as scientific truths, therefore exempt from patent protection.

A molecule, cell, or organism is patentable if it does not exist in nature. This might be a change as minor as an amino acid substitution in a protein, or as inventive as artificial seeds. Merely determining the sequence of a protein or gene isn't patentable, unless ...

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