What Makes an Idea Patentable?

A patent is a form of intellectual property protection that discloses the details of a new invention while entitling the inventor to exclusive rights to the invention.

  1. Novel

    • An invention must be a new idea that isn't the same as any existing invention and must not have been known about publicly before it was invented.

    Utility

    • A new invention must be useful in some way and must be able to achieve its intended purpose.

    Nonobvious

    • Patentable inventions must be novel. This means that one cannot simply substitute one part for another or one substance for another in an existing invention; the new invention must make an insightful improvement over existing inventions.

    Covered by Patent Law

    • Patents are designed to cover inventions such as new processes, machines and compositions. Patents do not cover creative works such as music, literature or art. (These are covered by copyrights)

    Process

    • Patenting is an involved legal process, which requires legal and technical expertise. Legal counsel should be used to determine the patentability of an invention and to assist with writing and filing a patent application.

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