Patents: Make Sure Your Idea is Useful, Novel, and Non-Obvious

Updated on : 2020-Dec-06 13:46:22 | Author :

In order for a patent claim to be valid, it ought to propose a concept, idea, or item that's helpful, novel, and non-obvious. These terms may seem vague, however, they need specific legal meanings that correspond with federal law. And even once a concept or invention is technically Nonobvious, a minimum of from an engineer's perspective, it may not meet the legal criteria. These terms may seem vague, however, they need specific legal meanings that correspond with federal legal philosophy. And even once a concept or invention is technically Nonobvious, a minimum of from an engineer's perspective, it may not meet the legal criteria.

 

In any event, intellectual property (IP) attorneys are trained to create these often minute distinctions once counseling inventors or business organizations. The terms "useful," "novel," and "non-obvious" -- as they relate to maybe of what is also patented -- are explained in greater detail below.

 

Patents section provides extra resources and articles to help you make sense of it all

 

Useful

 

The term "useful" means the topic matter has a useful purpose. It also needs that the item is operable since a machine that cannot perform its intended purpose can not be considered within the standard sense of the word. Since the decision over whether or not the associate invention is helpful considered thought-about subjective, the U.S. Patent and Trademark Office (USPTO) has corresponding examination tips These include the following:

 

  • AN invention has a well-established utility if (i) someone of normal skill inside the art would instantly appreciate why the invention is useful supported the feature of the invention (e.g., properties or applications of a product or process), and (ii) the utility is restricted, substantial, and credible.
  • a person would like only to provide one credible assertion of specific and substantial utility for every claimed invention to satisfy the utility demand.
  • Any rejection supported lack of utility should include a detailed rationalization of why the claimed invention has no specific and substantial credible utility. Whenever possible, the examiner should offer documentary evidence

Novel

 

"Novelty" is strictly defined by patent law, primarily referring to the originality of the idea. An invention cannot be patented if:

 

  • The invention was glorious or used by others within the united states before the patent applicant fictional it.
  • The invention was patented or described in any written publication before the patent applicant invented it.
  • The invention was patented or described in a written publication in any country more than one year before the inventor's U.S. patent application.
  • The invention was in public use or on sale in us more than one year prior to the inventor's U.S. patent application.

These rules don't stop a person from patenting an improvement to a different invention, however. for example, tire makers have long known the formulas for creating tire rubber. However what if the associate degree to make found how to form tire rubber double as long-lasting by slightly changing the chemical composition? this could well be patentable development as long as the difference wasn't obvious.

 

Non-Obvious

 

Even if a brand new invention differs in one or more ways in which from another patented invention, a patent should be refused if the variations would be obvious. Non-obviousness is outlined as a sufficient difference from what has been used or described before that someone having standard talent within the related to of technology associated with the invention wouldn't notice it obvious to create the change.

 

Is Your Idea Patentable? Get Clarity from an IP Attorney

 

Patent law is sort of complicated, even for IP attorneys. If you have a valuable invention or idea that you would like to either sell, fancy market, or otherwise protect, an attorney will help you perceive the law, review your ideas, and assist you to fill out any necessary work. Get started today and contact an IP professional in your area.

 

 

Additional Resources

 

 

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