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This article is based on a chapter of the author’s latest book, First to File: Patents for Today’s Scientist and Engineer, published in 2014 by the AIChE-Wiley imprint. In addition to being novel, an invention must be nonobvious to qualify for a patent. Learn strategies that have and can be used to qualify your invention as nonobvious.
May 22, 2024 · Plant patent: A small business uses this patent to protect a new asexually created plant. An example of this was the Irish potato. Design patent: An inventor uses this patent for a new and useful ornamental design of an article of manufacture. This means these patents cover how a new product looks in a physical form.
Jun 17, 2017 · Nevertheless, for a patent to be nonobvious it must display “ingenuity beyond the compass” of a person of ordinary skill in the art. In a nutshell, an invention would be obvious when someone ...
Oct 18, 2024 · Perhaps the most complicated and challenging requirement for obtaining a patent is non-obviousness. It is outlined in 35 U.S.C. Section 103, and generally it requires the U.S. Patent and Trademark Office to determine whether an invention would be obvious to the typical person in the field.
- How Different Does It Need to be?
- What Does Non-Obvious Mean?
- Where Patenting Gets Confusing
The short answer is, there are three requirements for how distinctive an invention must be to be patented. Specifically, your invention must be novel (or unique), useful, and non-obvious. Business owners, inventors, and entrepreneurs often get hung up on the idea that their invention must be non-obvious.
Even if your invention is novel (or unique), it needs to have something different about it to be non-obvious. If someone can say “that’s something I could have done, I just haven’t done it yet,” then it may not be patentable. For example, let’s say your idea was to make “kid-sized” clothes hangers. While hangers in a smaller size may be new, clothi...
To get your invention patented, it must be both novel and non-obvious. There can be (and often are) differing opinions about what is and what isn’t obvious. Because of this, to the untrained eye, patentability can be confusing. To determine if your invention is non-obvious, and move past some of the confusion, you must first examine the closest alr...
It is not intended to be a comprehensive review of patent law. 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 improvements thereof, may obtain a patent, therefor, subject to the conditions and requirements of this title."
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Aug 24, 2023 · Assuming an invention is patent eligible, an inventor's entitlement to a patent depends on whether the invention satisfies the other requirements of the Patent Act. Primarily, those requirements are that (i) the invention is novel, nonobvious and not subject to a statutory bar, (ii) the invention is useful, and (iii) the inventor satisfies the Patent Act's disclosure requirements.
