Patents &
Inventions For Newbies - FAQ
@stash((Floating DIV 250x250))
There is so much confusion about what patents are,
how patents work, what type of patent to apply for, how
much patents cost, what patents protect and who enforces
the intellectual property (IP) rights a patent may convey.
Fortunately, the smart inventor can avail
himself or herself of a plethora of information online
about the patent process.
Don't be intimidated in the beginning by how much you don't
know. It can feel overwhelming and often leads inventors to
put thing on the back burner. You can guess what happens to
most of those inventions...
Take your time to familiarize yourself with the basics.
Learning about patents is not a horse race.
Once you're comfortable with the concepts involved, you
will be able to make smart, rational decisions about the
process of applying for a patent for your invention, and
feel confident about the choices you're making. The level
of apprehension is pretty high for most new inventors, and
understandably so - most are terrified of being ripped off!
Here's some basic patent facts to help you get started*
From the U.S. Patent & Trademark Office website:
What Can Be Patented
The patent law specifies the general field of subject
matter that can be patented and the conditions under which
a patent may be obtained. In the language of the statute,
any person who “invents or discovers any new and useful
process, machine, manufacture, or composition of matter, or
any new and useful improvement thereof, may obtain a
patent,” subject to the conditions and requirements of the
law. The word “process” is defined by law as a process, act
or method, and primarily includes industrial or technical
processes. The term “machine” used in the statute needs no
explanation. The term “manufacture” refers to articles that
are made, and includes all manufactured articles. The term
“composition of matter” relates to chemical compositions
and may include mixtures of ingredients as well as new
chemical compounds. These classes of subject matter taken
together include practically everything that is made by man
and the processes for making the products.
The Atomic Energy Act of 1954 excludes the patenting of
inventions useful solely in the utilization of special
nuclear material or atomic energy in an atomic weapon 42
U.S.C. 2181 (a).
The patent law specifies that the subject matter must be
“useful.” The term “useful” in this connection refers to
the condition that the subject matter has a useful purpose
and also includes operativeness, that is, a machine which
will not operate to perform the intended purpose would not
be called useful, and therefore would not be granted a
patent. Interpretations of the statute by the courts have
defined the limits of the field of subject matter that can
be patented, thus it has been held that the laws of nature,
physical phenomena, and abstract ideas are not patentable
subject matter.
A patent cannot be obtained upon a mere idea or suggestion.
The patent is granted upon the new machine, manufacture,
etc., as has been said, and not upon the idea or suggestion
of the new machine. A complete description of the actual
machine or other subject matter for which a patent is
sought is required.
Novelty And Non-Obviousness, Conditions For
Obtaining A Patent
In order for an invention to be patentable it must be new
as defined in the patent law, which provides that an
invention cannot be patented if: “(a) the invention was
known or used by others in this country, or patented or
described in a printed publication in this or a foreign
country, before the invention thereof by the applicant for
patent,” or “(b) the invention was patented or described in
a printed publication in this or a foreign country or in
public use or on sale in this country more than one year
prior to the application for patent in the United States .
. .”
If the invention has been described in a printed
publication anywhere in the world, or if it was known or
used by others in this country before the date that the
applicant made his/her invention, a patent cannot be
obtained. If the invention has been described in a printed
publication anywhere, or has been in public use or on sale
in this country more than one year before the date on which
an application for patent is filed in this country, a
patent cannot be obtained. In this connection it is
immaterial when the invention was made, or whether the
printed publication or public use was by the inventor
himself/herself or by someone else. If the inventor
describes the invention in a printed publication or uses
the invention publicly, or places it on sale, he/she must
apply for a patent before one year has gone by, otherwise
any right to a patent will be lost. The inventor must file
on the date of public use or disclosure, however, in order
to preserve patent rights in many foreign countries.
Even if the subject matter sought to be patented is not
exactly shown by the prior art, and involves one or more
differences over the most nearly similar thing already
known, a patent may still be refused if the differences
would be obvious. The subject matter sought to be patented
must be sufficiently different from what has been used or
described before that it may be said to be nonobvious to a
person having ordinary skill in the area of technology
related to the invention. For example, the substitution of
one color for another, or changes in size, are ordinarily
not patentable.
* The information contained in this post should not be
considered nor relied upon as legal or patent advice.
Inventors should always seek the counsel of a qualified
patent practitioner.
@stash((Page Footer))