Making a valid patent claim requires a few important steps. Of course, you will need to make sure your descriptions are clear and all of your forms are filled in properly. However, you will first need to make sure your invention or design is eligible for patent protection. In order for your patent claim to be valid, your invention must be defined as useful, novel and non-obvious. While you’re probably familiar with the dictionary definitions of these words, you’ll also need to familiarize yourself with how the law defines these terms.
Qualifying as Useful
According to US patent law, useful means almost exactly what you think it means: the item or design must have an identifiable purpose. Additionally, the invention must be operable, meaning it must be able to perform its intended function. If the latter stipulation is not met, the item would not be useful in the traditional sense of the word.
Defining Novel Expectations
Patent law strictly defines the novelty distinction to limit occurrences of duplication and to protect the rights of the inventor. Under the novelty category, an item is ineligible for patents if any of the following apply:
- Within the United States, the invention was in use or known to others before the patent applicant developed his or her design.
- Before the patent applicant developed the design for his or her invention, the invention was described in a printed medium or had already been patented in the United States.
- More than one year before the patent applicant applied for United States patent protection, the invention was described in print or otherwise patented in another country.
- More than one year before the patent application applied for patent protection, the invention was either on sale or otherwise in public use in the United States.
Notice, these patent requirements put no limitations on the improvement of currently patented inventions and designs. For example, suppose there is a patent on a Plastic Type A. If an inventor comes along and improves the formula to make it three times as durable, the improved formula is eligible for a patent as long as the change is non-obvious.
What’s Nonobvious?
Imagine you invented something similar to an existing item with a current patent, but from your view, your own design was better. Is your design eligible for a patent based on one or multiple differences? That answer to that question depends on the types of differences. To remain eligible for a patent, the differences in your invention must be non-obvious. Specifically, this means there is a considerable difference from what has been described or used, but an industry expert would not find the design change obvious to make.
As an example, sodium chloride and potassium chloride are frequently used interchangeably, but sodium chloride is most commonly used for table salt. If a chemist claimed to have improved road salt by substituting potassium chloride in his or her formula, the patent application would be denied because road maintenance professionals already know to make the substitution. This would be an obvious change. Meanwhile, in the previous example where a common plastic was improved with a minute change in formula, the patent would likely be approved thanks to a non-obvious change.
You’ve probably conducted a fair amount of industry research to understand your market, your consumers and how your idea pairs with technology. However, if you want to ensure your invention qualifies for a patent, you may want to expand your research and start investigating other industries that may be using another patent with a similar technology or design. Having a smooth application process requires preparation at every step in the process. If you need some extra guidance, consult with the United States Patent and Trademark Office and your legal team.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.