December 30, 2024
December 30, 2024
Are you considering filing for patent protection on your product, prototype, or idea? This guide will help you assess the basic criteria for patentability before investing in hiring a patent attorney.
A patent is a legal protection granted by the government that gives you the exclusive right to make, use, sell, and distribute your invention. But not all ideas can be patented. To qualify, an invention must meet specific legal requirements. Let’s break them down.
To obtain patent protection, your invention must be novel as of the day you file the patent application. Novelty is evaluated relative to the universe of “prior art” within the public knowledge including existing products, online or print publications, or patent applications filed by others. An exception to the novelty requirement is that your own activities (i.e., publications, product sales, etc.) within the last 12 months prior to filing a patent application cannot act to defeat novelty.
Your invention must be more than just a trivial difference from something that already exists. While determinations of what is or is not obvious can be complex and subject to interpretation, the basic principle is that there must be some level of inventiveness embodied in a technical solution to a technical problem. As with the novelty requirement, your own activities (i.e., publications, product sales, etc.) within the last 12 months prior to filing a patent application are not considered “prior art” for the purpose of assessing non-obviousness.
Timing is critical in the patent process. If you publicly disclosed—through publication, an offer for sale, or public use of the technology—you generally have only one year from that first disclosure date to file a patent application in the United States. For many other countries, there is no grace period, and any public disclosure before filing can bar you from obtaining a patent.
A patent application must include a detailed description of how your invention works, typically as a set of drawings together with text describing the drawings. The detailed description must include enough detail to enable someone skilled in the relevant field to make and use the invention. However, it is not necessary to wait until the solution is fully implemented – a patent application can be filed as long as the solution can be sufficiently described.
Some types of ideas are not eligible for patents, such as:
While the above criteria enables a baseline assessment of patentability, the patent law is complex and every situation is unique. If you believe you may meet the criteria for patentability or you are still not sure, a consultation with a qualified patent attorney can help you determine whether or not proceeding with a patent application is warranted.
During a consultation, we can:
To make the most of our meeting, gather the following:
Assessing your invention against these basic criteria is a great first step. If you’re still unsure, don’t worry—that’s what we’re here for! A brief initial check can save time and money, but a professional evaluation is key to moving forward confidently.
Amsel IP Law, is here to guide you through every step of the patent process. From developing a strategic IP plan to preparing and filing your patent application, we’re committed to helping you protect your inventions and achieve your business objectives.
Ready to take the next step? Contact us to schedule your consultation and protect your innovation today!
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