Patents don't have to be for inventing physical things. You can also take out a patent for inventing a groundbreaking process. Patent law specifically excludes some processes from consideration, however. Even if your process can be patented, you must still meet all other U.S. Patent Office requirements to actually secure a patent.
Processes
The patent office issues plant, design and utility patents. If you intend to patent a process, you'll need a utility patent, which is issued for new, useful inventions, compounds and processes. Potentially patentable processes include new software, gene-splicing techniques, or manufacturing systems. A process that involves nothing but human movement -- a choreographed dance routine or a system of stretching exercises -- cannot be patented. If you have a new surgical procedure that usually won't qualify for a patent either.
Qualifications
Process patent applications must also meet the same requirements as other utility patents. The process must be useful, even if only in trivial matters, and it must be significantly different from any other previous processes for doing the same thing. It must also be "nonobvious" -- something that would hit someone experienced in the field as a significant original development. If the Patent Office decides your process qualifies, you can proceed with your application.
The Law
Like other areas of law, patent law changes based on previous court decisions. In 2008, a court ruled that business processes cannot be patented unless they're tied to manufacturing or the use of a particular machine or device. In 2010, the U.S. Supreme Court ruled 5-4 that business processes can still be patented, though the four-judge minority argued strongly against that view. The judges unanimously agreed, however, that the specific process in the case -- a system for institutions to control their seasonal energy costs -- did not deserve a patent.
Considerations
Taking out a patent costs at least several hundred dollars and possibly several thousand. Even if your process qualifies for a patent, you might want to consider whether it's worthwhile spending the money. Even if your patent is useful, you should be certain it's marketable before you pay to patent it. There's also no point in patenting something you developed while on your employer's time: In that case, your employer may have the rights to it.
