Legal Definitions - allowable state

In patent law, an allowable state refers to the condition where the specific descriptions of an invention, known as "claims," within a patent application have been determined by the patent office to meet all legal requirements for patentability. This means the claims clearly and precisely define an invention that qualifies for patent protection under the law, and they are presented in a legally acceptable format, making them ready for approval.

Essentially, when claims are in an allowable state, the patent examiner has concluded that the inventor's description of their invention is novel, non-obvious, useful, and sufficiently detailed to be granted a patent.

• Example 1: A Novel Software Algorithm

  Imagine a software developer invents a groundbreaking new algorithm that significantly improves the efficiency of data encryption. When they submit their patent application, the claims meticulously describe the unique steps and logic of this algorithm, demonstrating how it achieves its technical advantages over existing methods. After review, the patent examiner agrees that these claims clearly define a new, non-obvious, and useful process (the algorithm itself) and are written with the necessary precision and detail. In this scenario, the claims are in an allowable state because they describe patentable subject matter (a process) in an acceptable and legally compliant form, ready for the patent to be granted.

• Example 2: An Innovative Medical Device

  Consider a biomedical engineer who designs a new type of surgical clamp featuring a unique, spring-loaded mechanism that allows for more precise control and reduces tissue damage during delicate operations. The engineer files a patent application, with claims specifically detailing the design of this mechanism, its components, and how it functions differently from existing surgical tools. If the patent examiner determines that these claims accurately and precisely describe a novel and non-obvious physical device (a machine or manufacture) and meet all formal requirements for clarity and scope, then the claims are in an allowable state. They have successfully defined patentable subject matter in an acceptable form.

• Example 3: A New Chemical Compound for Batteries

  A chemist discovers and synthesizes a completely new chemical compound that significantly enhances the energy density and lifespan of electric vehicle batteries. When applying for a patent, the chemist's claims precisely detail the compound's unique molecular structure, its method of creation, and its specific properties that make it ideal for battery applications. If the patent examiner concludes that these claims clearly identify a new and useful composition of matter (the chemical compound itself) that is distinct from anything previously known, and the claims are written in a legally sound and enabling manner, they are in an allowable state. This means the invention, as described, is eligible for patent protection.