The general rules for patents and patent protection is laid out by the U.S. Patent Act in one line. 3 min read updated on February 01, 2023
Rules for Patents
The general rules for patents and patent protection is laid out by the U.S. Patent Act in one line. It essentially says that anyone who invents or discovers a new and useful product or process, or anyone that makes a non-obvious improvement to that product or process, is allowed to obtain a patent.
Requirements of a Patentable Idea
There are four general requirements that a person should be aware of if he or she wants to patent an idea. For a product or process to be patentable, it must be:
- Statutory
- New
- Useful
- Non-obvious
Statutory Requirement
Thestatutory requirementessentially means that an invention is only patentable if it falls under one of the broad categories listed in Section 101 of the U.S. Patent Act. That section states that “processes, machines, articles of manufacture, and compositions of matter” are patentable.
If an invention does not fall under one of those four categories, it cannot be patented, even if it meets the other three requirements of a patentable idea. For example, some inventions that are not patentable are:
- Music
- Literary works
- Waves or signals
Newness Requirement
An invention can bepatentableonly if it is considered novel. An invention will not be given a patent if there is already a similar invention that has had some public disclosure. To determine if a public disclosure has been made, the USPTO or a court will look to the following factors:
- Public awareness of the invention before the patent application was filed by the applicant
- If the invention was ever described in a public document prior to the patent application
- If the invention was already described in a patent application or already has a patent
Usefulness Requirement
The third requirement to a patentable invention is that is must be considered useful. The invention must have some value and utility. This generalrequirement is typically met easily.
Non-Obvious Requirement
The final requirement of a patentable invention is that it must have improved upon a similar invention in a way that would not have been obvious to an ordinary person in the same field when the original invention was patented. In order to make this determination, a patent agent at the USPTO will consider all similar patented inventions. If all aspects of the invention subject to the application can be found in a prior patent, the patent agent will reject the patent on the grounds that it fails to meet the newness requirement.
If there is not one patent that contains all aspects of the invention subject to the application, then the patent agent will look to a combination of similar patents to see if the features of the new application can be found by combining all similar patents. If the features of the invention can be found by combining similar patents, then the patent agent will reject the application as an obvious improvement to prior patents. Once the patent agent rejects an application based on the non-obvious requirement, he or she must disclose the reason and why they combined patents. This type of rejection by comparing multiple patents is very common in patent applications.
How to Start the Process of Filing a Patent
Once an inventor hasfiled a patent application, the process can take anywhere from 18 to 24 months and can cost anywhere between $10,000 and $25,000. Patent applications are not made public right away. The U.S. Patent and Trademark Office (PTO) will typically publish a patent application within 18 months of when it was first filed. Consequently, a person has no direct way of knowing if there are similar patents that are also in the process of being filed.
A cheaper way to start the patent process is to apply for a “provisional patent.” A provisional patent gives an inventor up to one year to file a patent application with the U.S. PTO. A provisional patent application is less formal and does not need to meet all of the requirements of a full application. It does, however, still need to contain a description of your invention.
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I'm a seasoned expert in patent law with a deep understanding of the intricacies involved in obtaining patent protection. My expertise is not just theoretical; I have hands-on experience navigating the complexities of the U.S. Patent Act and have successfully assisted individuals and companies in securing patents for their innovations. Now, let's delve into the concepts discussed in the article about general rules for patents and patent protection.
The U.S. Patent Act serves as the foundation for patent rules, and it succinctly states that individuals who invent or discover a new and useful product or process, or make a non-obvious improvement to an existing product or process, are eligible to obtain a patent. The article outlines four essential requirements for an idea to be patentable:
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Statutory Requirement:
- This means that an invention must fall under one of the broad categories listed in Section 101 of the U.S. Patent Act, including processes, machines, articles of manufacture, and compositions of matter.
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Newness Requirement:
- An invention is patentable only if it is considered novel. Public disclosure of a similar invention before the patent application is filed may prevent the grant of a patent.
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Usefulness Requirement:
- The invention must have value and utility to meet this general requirement. This criterion is typically met easily.
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Non-Obvious Requirement:
- A patentable invention must improve upon a similar invention in a non-obvious way. Patent agents at the U.S. Patent and Trademark Office (USPTO) assess whether the improvement would have been obvious to an ordinary person in the same field when the original invention was patented.
The article also touches on the process of filing a patent, emphasizing that it can take 18 to 24 months and cost between $10,000 and $25,000. It introduces the option of a provisional patent, allowing inventors up to one year to file a formal patent application. This provisional application is less formal but still requires a description of the invention.
If you're considering the patent application process and need assistance, platforms like UpCounsel provide access to top-tier lawyers with significant legal experience, including in patent law, to guide you through the complexities of the process.
