Is My Idea Patentable?
Can I Patent My Idea Or Invention?
@stash((Floating DIV 250x250))Your
idea is NOT patentable if:
Your invention or idea is a basic law of
nature, a physical phenomena, or an abstract idea. Don't
try to patent gravity or "terrorism prevention".
Your idea is a literary, dramatic, musical or artistic
work. You don't want a patent for any of these, you want a
copyright.
Your invention is of limited usefulness. The strict
interpretation of the word "useful" in this context means
that the invention must be of useful purpose and must
operate. You shouldn't seek patent protection for a device
that does not function or that cannot be used.
Your idea or invention is offensive to public morality.
Don't try and patent something to be used for illegal
purposes.
Your invention is not novel. If you have made public
disclosure by using, patenting or describing your idea in a
printed publication, in the U.S or abroad, more than one
year prior to filing your U.S. patent application it is not
novel.
Your invention is not "nonobvious" to a person skilled in
the art that your invention is related to. Your idea should
be a surprise and be considered a noteworthy development.
If somebody else in in your field could make and use one,
getting a patent is unlikely.
Your invention cannot be properly described or enabled. If
you cannot adequately explain your invention in detail, or
if your idea cannot be actively used, you should not seek
patent protection. You must state your claims to your
invention in clear and definite terms. You're not going to
get a patent just because you've come up with "an idea" or
a suggestion for how something "ought to work". To obtain a
patent for your invention you need to be able to describe
every aspect of what it is, what it does and how it works.
DISCLAIMER: The contents of
this article are for the purpose of ongoing discussion
about the patent process and should not be considered nor
relied upon as legal advice; always consult with a
qualified patent practitioner about intellectual property
related matters.
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