Example Time travel theory
Keira has a new and unique theory on time travel. She files a patent application for her theory. Her application will be rejected as theories are outside the scope of patent subject matter.
Intellectual Property Principles
First requirement: Manner of manufacture
An invention must have a manner of manufacture – that is, no matter how good it looks in theory, it should actually be possible to:
- make the product and use it for its intended purpose (if it is a product);
- apply the invention for its intended purpose (if it is an invention); or
- use the process in practice (if it is a process).
The law excludes:
- artistic creations
- mathematical models
- theories
- ideas
- schemes; or
- purely mental processes from the scope of patentable subject matter.
It also excludes anything that is a ‘discovery’ (i.e. already existing in nature) rather than an invention.
Example Robotic cat
Don Lee invents a robotic cat that can sense the presence of rodents and capture them. Don Lee’s invention is eligible for patent protection if he can demonstrate a clear manner of manufacture.