How to Know Whether an Invention is Patentable
Patents exclude the rights of others to manufacture, sell or offer certain designs or inventions, and can legally protect your investments. Before applying for this safeguard, you should determine whether your invention is patentable. Follow these steps.
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Instructions
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Know Which Types of Inventions are Patentable
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1
Use the official USPTO Web site, or find a local branch office, and research to see if your design or invention has already been patented. You can also use these resources to obtain the applications, fee schedules and forms you need to apply for a patent (see Resources below).
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Ask a patent attorney or agent to determine the feasibility of your invention or design. While it normally takes 18 months after filing for the USPTO to grant a patent, attorneys and agents can expedite the process.
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3
Determine which patent type fits your creation. Utility patents protect specific machines, processes, and articles of manufacture. Design patents protect improvements or ornamentation to existing patents. Plant patents protect the asexual creation of a new plant species through grafting, budding or cutting.
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4
See if your invention or design meets the USPTO's criteria for usefulness. Inventions and designs must meet any performance claims in a patent proposal. Mere ideas or suggestions cannot be patented, only detailed physical descriptions of actual machines or designs.
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5
Check whether your invention previously has appeared in a publication anywhere in the world, or whether it has been produced or sold prior to your application. Inventions that fall under these conditions are not patentable.
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Tips & Warnings
Some people may find the patent process too confusing or time-consuming. Use the online registry for patent attorneys and agents on the Web site for the United States Patent and Trademark Office for additional guidance and information.
Avoid calling or describing an invention or design as "patented" or "patent pending'" unless you have properly filed with the USPTO. Using those designations before filing is considered fraudulent and is prohibited by federal laws.
Comments
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12MFA29
Apr 25, 2008
This article was no doubt well-intentioned but unfortunately contains lots of misinformation. It reflects several misconceptions that are common among newcomers to the patenting process. For example, pendency before the PTO is averaging more than three years, depending on technology type, and attorneys or agents have little control over it unless they file under the new accelerated examination process or they file the petition to make special available only under certain circumstances. As for Step 4, the intent is to describe enablement. Step 5 presumably refers to the 35 USC 102 statute but ignores the one year 'grace period' applicable here in the US. -
12MFA29
Apr 25, 2008
This article was no doubt well-intentioned but unfortunately contains lots of misinformation. It reflects several misconceptions that are common among newcomers to the patenting process. For example, pendency before the PTO is averaging more than three years, depending on technology type, and attorneys or agents have little control over it unless they file under the new accelerated examination process or they file the petition to make special available only under certain circumstances. As for Step 4, the intent is to describe enablement. Step 5 presumably refers to the 35 USC 102 statute but ignores the one year 'grace period' applicable here in the US.
