Would Einstein have been granted a patent for his mass–energy equivalence formula, E = mc2, under our Patent Law?  Remember that patentable works involve any technical solution of a problem in any field of human activity.  Remember too that the  What do you think?  Need clues?  Okay.  There are 3 basic requirements for a work to be patentable: It should be 1) new, 2) involves an inventive step, and 3) is industrially applicable.

Need more help? You’d better be able to answer now after reading that the following works are excluded from patent protection:

1. Discoveries, scientific theories and mathematical methods;

2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;

3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;

4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.

Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis (read: exclusive) protection of plant varieties and animal breeds and a system of community intellectual rights protection.

5. Aesthetic creations; and

6. Anything which is contrary to public order or morality.

Care for another example?