Strong intellectual property increases the value of a company. Copyrights, trademarks, patents, and trade secrets are some avenues to protect intellectual property, but understanding when they’re available and understanding their costs and benefits can be complicated. Over the last few years, the Supreme Court has narrowed the scope of “patentable subject matter”—the types of inventions that initially qualify for patent protection. The narrowed scope affects a wide range of patents, including those in the food industry. As the scope narrows, other types of protection, like trade secrets, can become more attractive.

Patentable subject matter narrows -

In the US, any “new and useful process, machine, manufacture, or composition of matter” is eligible for patent protection under 35 USC § 101. Other laws and regulations determine whether an invention actually can be patented, but § 101 is the gatekeeper. On its face, § 101 seems broad, but long ago the Supreme Court read exceptions into the statute: “laws of nature, natural phenomena or abstract ideas” are not eligible.

Originally published in The Record Reporter on March 9, 2015.