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sorry if this question is too stupid or something, but couldn't find the answer anywhere.

Basically, there are 2 (conditional) questions in one:

1. can I file to patent a process in US?

2. if so: can I file for a patent being from another country?

Context

I tried to file for a patent in my country (Argentina). However, law in my country indicates that I can't file processes (including software) or flows comprised of different elements. Instead, I had to file for Intellectual Property.

Now, the system I'm trying to patent uses already known technologies (plus new software) in order to create a new process flow that is completely original. Simply put: it's an app that connects to a certain governmental area in a very special way to perform a whole new process via AI. The system itself is very useful for the community and replaces an existing process with less than 5% of the cost, less human power and accuracy increased by 20x at least.

In short: exception made of software, all elements exists, only that I want to use them in a particular way (dealing with governments, there's a whole legal side to it, of course, but it has to be considered on a one-by-one basis, so I don't care for that on this question, just assume everything is fine on that side) .

While right now I have no hurry to patent this on another country, I want to cover all bases with this since there's quite an investment (pretty high, at least for me). And filing for a patent on US would make this a lot simpler than patenting this on every country.

Also, I'm aware flow systems can be patented. A good example is Uber: all the technologies and systems for their patents existed before Uber, they just patented a way to use them (in an extremely abstract way).

Hence my questions: can I patent something like this in US?

migrated from law.stackexchange.com Jun 1 '17 at 16:53

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  • We have an answer to 2. Somewhere around here I think. – DonQuiKong Jun 1 '17 at 19:17
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It depends. Phrasing this as if your invention were a thing, most patent claims are made of of existing "parts". How the parts are arranged and coupled relative to each other to function is usually what makes something novel and non-obvious. This is also true for a process. You could have an obvious arrangement of old steps or you could have a non-obvious arrangement of old things. And, after Alice, etc., you could have a great non-obvious invention that is deemed to be abstract without "something more" and then no patent.

Anyone can file for a U.S. patent. By international treat countries cannot treat outsiders any differently than their citizens and residents.

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