How Can I Find Out if My Invention is Truly Original and Patentable?
Before investing significant time and resources into developing and protecting your invention, it’s crucial to determine if it’s truly original and eligible for patent protection. Navigating the complexities of patent law can be daunting, but understanding how to assess originality and patentability is essential for safeguarding your intellectual property. Here’s a guide to help you evaluate whether your invention is ripe for patenting.
Understanding Patentability Requirements
To start, it’s important to understand the basic requirements for patentability. Your idea must fulfill three key criteria:
- novelty,
- non-obviousness,
- and utility.
For an idea to be novel, it must be new and not previously disclosed or used anywhere in the world. 35 USC 102 states: “A person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.” Section 102 goes on to provide the inventor a 1-year grace period during which the inventor can describe, use, or offer for the invention for sale without being barred from filing a patent application.
Non-obviousness falls under 356 USC 103 and means that the invention must not be obvious to someone of reasonable skill in the relevant field based on existing knowledge and prior art. Put simply, the invention cannot be common sense. Finally, the idea must have practical utility, meaning it must provide some useful benefit or application. This last section if governed by 35 USC 101 and includes some things that are not patentable. For example, laws of nature are not patentable. Discoveries are not patentable nor are any claims directed to a human organism. Thus, medical procedures on humans are not patentable even though medical devices to undertake such a procedure may be. And to be clear, ideas are not patentable. Inventions or solutions to problems, are patentable.
Conducting a Preliminary Patent Search
The first step in evaluating your invention’s originality is to conduct a preliminary patent search. This involves using online databases such as Google Patents or the United States Patent and Trademark Office (USPTO) database. These resources allow you to search for existing patents and published applications related to your idea. By searching using relevant keywords, technical terms, and phrases, you can identify patents that cover similar concepts or technologies. Additionally, reviewing relevant patent classifications and subclasses can help narrow down your search and provide insights into related inventions. Patent classifications attempt to remove ambiguity from patent descriptions. For example, one patent application may be for a new lid when another is for a new cover. But they would both fall under the same patent classification. And remember patent applications remain confidential for 18 months after filing. These databases show patents and patent applications that were filed 18 months or more ago. So, there is a temporal delay in learning what is new and novel.
Analyzing Existing Patents and Prior Art
Once you have gathered information from your preliminary search, the next step is to analyze existing patents and prior art. Understand the features of your invention that you feel are novel and see if they are described in any of the prior art you have identified. If all the features of your invention are in a single document it is not novel. If all the features of the invention are found but in different documents, your invention may be obvious. Additionally, explore non-patent literature such as academic papers, industry publications, and other sources that might disclose similar ideas or technologies.
Assessing Non-Obviousness
Assessing non-obviousness is a challenging aspect of patentability. This involves analyzing how your idea differs from a combination of existing prior art. As with novelty the process begins by identifying any unique features or advancements that set your idea apart. You also must assess whether each piece of prior art you have identified falls within the same field of study or endeavor. This analysis is an element-by-element undertaking. For example, if an element of your invention for outdoor gear is a fastener, the field of study is fasteners, not outdoor gear. Consulting with industry experts can provide valuable insights into whether your idea represents a significant departure from existing knowledge or fills a long-felt need. Evaluating obviousness or non-obviousness is challenging and involves analysis of multiple factors.
Determining Utility and Practical Application
Utility and practical application of an invention are also essential for patentability. Normally the utility requirement is easily achieved. Demonstrating practical utility strengthens your patent application. Describing how your idea can be practically developed and implemented, as a viable and useful invention aids in overcoming this requirement.
Seeking Professional Guidance
While preliminary searches and evaluations provide a good starting point, consulting with a patent attorney can offer further clarity.
- Professional Patent Search: A patent attorney can conduct and interpret a comprehensive search and provide a detailed analysis of your invention’s patentability.
- Patentability Opinion: Obtain a formal opinion from an attorney to assess whether your idea meets the legal criteria for a patent.
- Application Assistance: If your invention appears patentable, an attorney can help with drafting and filing a patent application, ensuring it meets all legal requirements and maximizes protection and assist with future communications from the United States Patent and Trademark Office.
Preparing for Patent Filing
If your invention is original, non-obvious and offers a utility, consider filing a patent application. Especially if the features that distinguish your invention from the prior art are ascertainable by possessing and reverse engineering your product. Gather detailed documentation, including diagrams, descriptions, and technical specifications of your invention. Work with your attorney to draft patent claims that accurately describe the scope and unique aspects of your invention. Finally, submit your patent application to the relevant patent office, following all procedural requirements.
Protecting your intellectual property is a vital step in turning your innovative concept into a successful and secure venture. If you have questions or need assistance, consider reaching out to us, and a patent attorney can help guide you through the process to safeguard your valuable ideas.
