Patent Requirements: Useful, Novel and Non-Obvious

Updated on : 2020-Nov-22 16:25:34 | Author :

Making a valid patent claim needs a few important steps. Of course, you will need to make sure your descriptions are clear and all of your forms are filled in properly. However, you will 1st get to ensure your invention or design is eligible for patent protection.. in order for your patent claim to be valid, your invention should be defined as useful, novel, and non-obvious. While you’re probably familiar with the dictionary definitions of these words, USPTO you’ll also need to familiarize yourself with how the law defines these terms.

 

Qualifying as Useful

 

According to us patent law, helpful means virtually exactly what you think that it means: the item or design should have a recognizable purpose. additionally, the invention should be operable, meaning it must be able to perform its intended function. If the latter stipulation isn't met, the item wouldn't be helpful in the ancient sense of the word.

 

Defining Novel Expectations

 

Patent law strictly defines the novelty distinction to limit occurrences of duplication and to guard the rights of the inventor. Under the novelty category, an item is ineligible for patents if any of the following apply:

 

  • Within u. s., the invention was in use or famed to others before the patent applicant developed his or her design.
  • Before the patent soul developed the design for his or her invention,USPTO the invention was described in a printed medium or had already been patented in the United States.
  • More than one year before the patent mortal applied for u. s.patent protection, the invention was represented in print or otherwise patented in another country.
  • More than one year before the patent application applied for patent protection, the invention was either on sale or otherwise in public use in the us.

Notice, these patent requirements put no limitations on the improvement of currently proprietary inventions and designs. as an example, suppose there is a patent on a Plastic-type a. If a discoverer comes on and improves the formula to make it three times as sturdy, the improved formula is eligible for a patent as long because the change is non-obvious.

 

What’s Nonobvious?

 

Imagine you invented something similar to associate an existing item with a current patent, but from your view, your own design was better. Is your style eligible for a patent based on one or multiple differences? That answer to that question depends on the types of differences. To remain eligible for a patent, the differences in your invention should be non-obvious. Specifically, this means there's a substantial distinction from what has been represented or used, but a trade expert would not find the look change obvious to create.

 

As an example, sodium chloride and chloride are frequently used interchangeably, however sodium chloride is most commonly used for table salt. If a chemist claimed to have improved road salt by substituting chloride in his or her formula, the application would be denied because road maintenance professionals already know to make the substitution. This would be an obvious change. Meanwhile,USPTO in the previous example wherever a common plastic was improved with a minute change in formula, the patent would seemingly be approved because of a non-obvious change.

 

You’ve probably conducted a fair amount of trade research to understand your market, your customers, and the way your plan pairs with technology. However, USPTO if you want to make sure your invention qualifies for a patent, you'll want to expand your research and begin work in other industries that may be using another patent with similar technology or design. Having a smooth application process needs preparation at each step in the process. If you need some extra guidance, consult with the United States Patent and Trademark Office intellectual property attorney and your legal team.

 

 

 

Additional Resources

 

 

 

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