When is something patentable

Most patent attorneys will try diligently to file a patent application prior to any public release or announcement in order to allow international patent filings.

The statute that describes this novelty requirement under U. Patent applications that were filed on or before March 16, fall under the earlier version of the statue.

Under this earlier version, public disclosures made by another less than one year before the patent application was filed may not bar an application if the disclosure was made after the applicant's "invention" date. The patent law specifies that the subject matter must be "useful.

In most cases, the usefulness requirement is easily met in the context of computer and electronic technologies. The requirement is more important when attempting to patent a pharmaceutical or chemical compound, as it is necessary to specify a practical or specific utility for the new compound. If an invention is not exactly the same as prior products or processes which are referred to as the "prior art" , then it is considered novel.

However, in order for an invention to be patentable, the patent statute also requires that the invention be a non-obvious improvement over the prior art 35 U. Section This determination is made by deciding whether the invention sought to be patented would have been obvious "to a person having ordinary skill in the art to which the claimed invention pertains.

The statute requires that the invention be obvious at a time before the application was filed. As can be imagined, the determination of whether a particular change or improvement is "obvious" is one of the most difficult determinations in patent law. In order to make such a determination, an examiner in the patent office will normally review previous patent documents to find those patents and published patent applications that are closest to the invention for which patent protection is sought.

If all the features of the invention can be found in a single patent, the examiner will reject the patent as lacking novelty that is, it is exactly the same as what was previously known and therefore is not new. If no patent contains all of the features, the examiner will attempt to combine two or more prior patents, and attempt to find all of the features in a combination of those prior patents. If the examiner is successful in finding such a combination, the examiner will generally reject the invention as an obvious combination of items known in the prior art.

Rejections made by combining prior art references are very common in patent applications see BitLaw's discussion on patent prosecution. For a combination of references to be successfully used to reject a patent application as obvious, the patent examiner must provide some reason to combine the references.

Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Home Business and self-employed Patents, trade marks, copyright and designs. Patenting your invention. What you can patent You can use a patent to protect your invention. To be granted a patent, your invention must be all of the following: something that can be made or used new inventive - not just a simple modification to something that already exists Patents are expensive and difficult to get.

Print entire guide. The patentability of ideas is still an evolving area of law with recent decisions still leaving open many questions but there are some practical considerations to keep in mind. Ideas are more patentable when executed by a machine. For example, if you invent a new method to interchange data between a smartphone and a thermostat, the invention will be more likely to receive a patent if the patent describes and claims various kinds of smartphones and various network-connected thermostats.

If you only discuss the data interchange in the abstract, the patent office is more likely to reject the patent for being too abstract. Similarly, an idea is more patentable when it produces a tangible result. For example, if the smartphone-thermostat patent includes a description of how the system operates to adjust the climate settings for a building. For software patents, keep in mind how the software integrates with computer systems or with other machines.

Every nation in the world has its own patent laws and obtaining international protection means filing for a patent in each nation where you want protection. Recent international treaties made the process of international filing much simpler. Still, you must be prepared for a substantial cost in order to submit international patent applications.

One consequence of recent changes to international law is a greater move towards harmonization of patent laws across the world. Over time, the kinds of things that are patentable in the United States and the kinds of things that are patentable in the rest of the world are more similar. Differences remain, so be careful whenever seeking international patent rights. Figuring out what you can patent is one of the first steps to starting the process for protecting your invention.

Next, you'll have to do a formal patent search - a search of all the patents granted for inventions similar to yours. LegalZoom can help you file your patent application , when you are ready. We offer a patent search service that helps find conflicts with published patents, a team of professional patent artists to give your patent quality artwork, and a consultation with a patent professional about your application. Contents 4 min read. Joe Runge graduated from the University of Iowa with a Juris doctorate and a master of science in molecular evolution.

H… Read more. How much does it cost to get a patent? The answer can be different depending on why you want a patent and what you're patenting. Before you can profit from your invention, there are several steps to take to get the right kind of protection you need. Find out how you file a patent application, whether you need a lawyer or can do it yourself, and what it means to have a patent pending.

Under U. Understanding how the law differentiates ideas from inventions is a great way to learn some of the core tenants of patent law. Estate Planning Basics. Applying for a patent is a long and sometimes complex process, but the process can be broken down in these five steps.