Can You Patent a Mathematical Formula or Rule?

Patenting a mathematical formula can be challenging, given that many jurisdictions consider mathematical formulas as non-patentable subject matter. However, under certain circumstances, a mathematical formula can indeed be patentable. This article explores the conditions and processes involved in patenting such formulas.

Understanding Patentability

Much like any rule in patent law, the concept of patenting a mathematical formula is fraught with complexities. In many cases, simply discovering a mathematical formula is not sufficient for patenting. The formula must have a practical application, contribute to a technological improvement, or solve a specific technical problem.

If your formula meets these criteria, it may be patentable. The key lies in whether the formula can be applied in a technical field in a way that results in a distinct advantage or solves a specific problem. This is where the involvement of an experienced patent attorney becomes crucial. They can help assess your formula’s eligibility and guide you through the patent application process.

Controversial Case Law and Examples

Case law has played a significant role in shaping the landscape of patenting mathematical formulas. A notable example can be found in Federal Circuit rulings, which indicate that a mathematical formula can be patentable if it is "hard enough." This terminology is open to interpretation, but it clearly opens a path for such formulas.

As computational patents have emerged, different patent offices have had to grapple with a common issue: the blurred line between computer patents and mathematical methods. The rise of machine learning has further complicated this issue, making the distinction even more challenging.

Patent Office Approaches

Different patent offices employ varying approaches to distinguish between purely mathematical concepts and those with technical applications. For instance, the European Patent Office (EPO) uses a two-step approach, separating mathematical concepts from those with technical character and assessing the contribution of the latter. This approach is illustrated in more detail in a longer article available here.

The United States Patent and Trademark Office (USPTO) also uses a similar, yet slightly distinct approach in evaluating mathematical methods. The debate around patenting mathematical methods in the US goes back to 1939, influenced by several landmark cases. A comprehensive summary of this debate and its outcomes is available here.

Conclusion

While patenting a mathematical formula may seem daunting, it is not impossible. The key lies in demonstrating a clear, practical application in a technical field, contributing to a technological improvement, or solving a specific technical problem. Seeking guidance from an experienced patent attorney is essential to navigate the complexities of this process.

Join the ranks of experts who have mastered the intricate world of patent law and pave your way to patenting your mathematical formula or rule.