Is Invention Patentable?
Check These Issues
Before you spend any money, you should determine if your invention can be patented.
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.