Is Invention Patentable?

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Before you spend any money, you should determine if your invention can be patented.


Based on 35 USC 102 an invention cannot be patented if the invention:

  • was known or used by others in this country
  • patented or described in a printed publication in this or a foreign country before the applicant's invention
  • the invention was patented or described in a printed publication in this or a foreign country
  • in public use on sale in this country more than one year prior to the application for patent in the United States.

Based on 35 USC 103 an invention cannot be patented if the invention:

  • is not exactly shown by the prior art involves one or more differences over the most nearly similar thing already known, where the differences between your invention and the similar thing would be obvious.

For example, the substitution of a wooden door knob for a brass door knob, are ordinarily not patentable.

After the KSR v. Telefex Court Case, the obviousness statement by the Examiner became more difficult to challenge in a reply particularly since the Examiner can rely on common sense as a defense.
The patent law also specifies that the subject matter of the invention must be useful. "Useful" refers to the subject matter having a useful purpose.

35 U.S.C. 101 Inventions patentable.

Whoever 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 therefor, subject to the conditions and requirements of this title.

In addition, the first paragraph of 35 U.S.C. 112 Specification: provides:

The specification shall contain a "written description" of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to "enable" any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the "best mode" contemplated by the inventor of carrying out his invention.

Please note that the above conditions are a sub-set of the requirements necessary to have a patentable invention. Please contact Tyrean for further information.
Although by law, you can file your patent applicant "pro se" that is, file your invention to the USPTO by responding and handling all prosecution by yourself.

The United States Patent and Trademark Office (USPTO) however strongly recommends that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications. The preparation of an application for patent and the conducting of the proceedings in the United States Patent and Trademark Office to obtain the patent is an undertaking requiring the knowledge of patent law and rules and USPTO practice and procedures, as well as knowledge of the scientific or technical matters involved in the particular invention.

Contact Information

Tyrean can be contacted by:

Phone     908-821-6590

email       thad@tyrean.com

 

Tyrean is available to get to your last minute patent prosecution needs done in short order. Your inventions and ideas can be turned into patent applications in a week. Give Tyrean a call (908-821-6590 and ask for Thad) to get further information.

 

We also offer a free 1/2 hour consultation to discuss any questions you may have about patents. For example; how to determine inventors, what is the difference between a provisional or utility patent, or what is a disclosure?

 

Patent Prosecution and Expert Witness Firm

Our firm has been offering patent filing and patent prosecution for your ideas or inventions. We also provide litigation services, such as: claim chart generation, expert witness services, technical expert services, reverse engineering layouts, and opinion support service. Thad Gabara comes to Tyrean with a solid foundation of over two decades of exposure to development and research in AT&T Bell Labs. During this period, Thad was awarded with over 90 patents.

 

Highlights of our service includes: patent prosecution, ideas and inventions to patents ideas, patent litigation, litigation services, expert witness, opinion support, patent portfolio management, claims charts generation, filing patent applications, patent law, law firm services, patent prosecution law firm, patent agents, patent attorneys.

Services

We offer various services. Tyrean takes your ideas or inventions, can perform searches, prepare the patent application for you ideas and inventions, submit the patent application to the USPTO and prosecute the patent application for you ideas and inventions before the USPTO. Portfolio management of patents is also available. In addition, we offer litigation support services. Our services includes: expert witness, expert witness testimony, opinion background search and technical expert.

 

Warranties

There are no warranties, express or implied, of any type for the information contained herein and statements contained herein are not intended to constitute legal advice or create an attorney-client relationship.