Composition of matter is a type of patentable invention, referring to a novel mixture of two or more components, commonly applied to new chemicals. It must meet standards for novelty and can be patented with the process for making it. Patent protection duration varies regionally and internationally, requiring separate applications.
In patent law, composition of matter is one of four types of patentable inventions, which refer to a novel mixture of two or more components. Chemical compounds are an example of inventions commonly classified under this category. In the process of preparing a patent application, the individual or business applying for a patent must consider which category it falls into so that it can be classified appropriately. The patent office will evaluate the classification when assigning an inspector to the case.
In addition to the composition of the material, it is also possible to patent a machine, a process or a product. There may be some confusion between a composition of matter and an artifact; Formica, for example, is a composite material, but it is also a manufactured article. Most commonly, this classification is applied to new chemicals, including pharmaceuticals and other new chemical inventions.
As with other patentable concepts, a composition of matter must meet a number of standards to receive a patent, including one for novelty. It must be a new compound that is not already in common use; lemonade, for example, is a composition of matter, but it cannot be patented because it is not an original idea. It is possible to patent both the composition and the process for making it as part of the same application, if the method of composition is unique.
The duration of patent protection for a material composition depends on the regional laws. It may be possible to apply for a patent extension if a new use is discovered; this is a common tactic with pharmaceuticals, where companies want to keep drugs under patent for as long as possible in order to actually profit from their inventions. The patent office will scrutinize the material to determine if additional protection is required.
Patent law varies around the world, and it’s important to be aware that you need to apply for separate patent protections if you want international protection. A company applying for patent protection in Australia, for example, does not automatically receive protection elsewhere. With different applications, the process may be different, and it may be helpful to consult a patent attorney for assistance with filing patents correctly. In the case of a composition of matter, details of the nature of the compound must be provided, as well as proof that it is truly unique in nature.
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