Is Your Invention Patentable?

Updated on : 2020-Nov-25 15:17:30 | Author :

You’ve perfected your new invention! Are you able to take it to the success step? That's securing a patent. Unfortunately, there's quite one step to securing a patent. Is your invention even patentable? Determining this at the beginning of your patent journey can save you thousands of bucks. This may be the case of filing for an application solely to get it rejected in the end because it isn’t patentable.

 

One word of advice: if your invention isn’t Patentable don’t lose hope!! There might be many holding resources out there for protecting your work.USPTO That is if obtaining a patent isn't feasible.

 

First of all, let’s get one thing out of the way: you cannot patent an idea, but you'll be able to patent an invention. Whereas you don’t want an operating image, you need to be able to describe your add enough details (words and drawings) so someone in your field could make this. This is called “enablement”.

 

If you do have an invention you’d prefer to patent, your invention must be:

 

1.Novel (meaning new)

2.Non-obvious

3.Useful

 

Okay, this is a good start. But what do these conditions mean exactly?

 

Novel

 

This means that your invention is new, and there is no other existing invention am fond of it available. So as for your invention to be novel, it should not are in use, on sale,USPTO or otherwise known to the public for more than a year before your patent filing date. However, there area unit some exceptions to absolute novelty – there is a one-year “grace period” between that an invention has either been in the sale or publicly disclosed.

 

This to say that if you’ve invented one thing or came up with a great new construct, you'll show your plan to the public or perhaps begin marketing your work. but confine mind, the clock starts ticking from either one in every one of those events (showing your work to the general public or selling.) You essentially have one year from the time you start selling your invention to be able to get a patent on your work.

 

Non-Obvious

 

Your invention can not be like all other invention out there, hence the name “non-obvious”. that means that there must be a clear, Protectable difference between your invention and already existing inventions that don't seem to be obvious to someone with skills in your invention’s relevant space of technology. Obviousness will usually be difficult for inventors to work out. For example: if you combine 2 already existing inventions into one,USPTO do you currently have a novel, non-obvious invention since the mix hasn’t be done before? The short answer isn't any. Your invention hasn’t created one thing fully new and is clearly a combination of already existing patented inventions; you'll not be able to patent. If folks couldn't mix those two things before you and you solved a problem combining that work then you may patent your invention.

 

Useful

 

An invention is industrially applicable if it can be used or produced in any form of industry. whether it’s money services; medical services; fashion; technology; etc… Secondly: an invention should even be established among the laws of nature. an invention that defies the laws of nature and simply isn’t conceivable in the universe won’t meet the patentability needs to obtain a patent. Things that aren’t attainable by the laws of science can’t become patented.

 

Here are several Rules to form Your Invention more Patentable:

 

1.Your invention cannot be a natural discovery – if you’ve made a natural discovery, great! However, you cannot patent your discovery purely on the fact that you were the primary one to find it. in order to get a patent, you must have used your discovery to supply a new invention from it. For example,USPTO let’s fake you were the first to get a new plant. You can’t patent the plant, however, will|you'll|you'll be able to} create something new out of the plant that you can patent

 

2.Your invention must not be too abstract or conceptual. If you’ve invented a new math formula, you can not. Patent it strictly on the actual fact that it exists. You're more possible to patent something if it is tied to an invention or a process.

 

3.Your invention must be outlined clearly. You have to clearly define and describe your invention through sufficient technical detail and legal precision in your writing and drawings. you should also make sure that you're not making speculations regarding its abilities. for example, if you claim that your invention can do one thing, in particular, you must ensure that your claim is provable.

 

Determining whether your invention is patentable isn't always a walk in the park. Make sure you reach a bent associate degree patent professional to help you with this method.USPTO Most of The time it's higher to Urge expert advice on whether or not your invention is patent-eligible. That is before you invest your time of it slow or money.

 

 

 

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