A Board Certified Patent Attorney
Archive for the ‘Invention & Patent Basics’ Category
Requirements for Patentability
There are four statutory classes of patents under U.S. patent law: (1) Machine (any device or apparatus); (2) Manufacture (a manufactured article); (3) Composition (combination of ingredients such as chemicals, and (4) Process (method of doing something) Now lets turn to the requirements for patentability. An invention must be useful, novel, and non-obvious in order to be patentable. Additionally, it must be adequately described in a patent application and this standard is addressed in my posting entitled “Adequately Disclosing Your Invention in the Patent Application“. useful: In short, this means that your invention should work. This is fairly simple-your invention cannot be inoperable. Novel: In order for an invention to be novel, it must be new as defined in the patent law. This means that the same invention has not been known or descr
Patents Fuel American Ingenuity
In the famous words of Abraham Lincoln, “the patent system added the fuel of interest to the fire of ingenuity”. The founding fathers of our country chose to provide every citizen the incentive to create and invent. A patent is a right, granted by the United States to an inventor, to exclude others from making, using, selling and even importing an invention into the United States without his or her permission. In its simplest form, it is a monopoly granted by the United States to an inventor to enable the inventor to exploit his or her creativity. By providing an inventor with the security that he will enjoy the fruits of his hard work and ingenuity, patents encourage innovation. They were right to place great confidence in the inspired ordinary citizen. Today, the United States comprises only about 4% of the world’s population, yet
Adequately Disclosing Your Invention in the Patent Application
A patent holder’s rights of preventing others from making, using, and selling an invention is contingent upon the invention being adequately disclosed to the public in the patent application. Adequate disclosure is the ticket price you pay for patent protection. No ticket-no ride. An invention that is not adequately disclosed is not entitled to patent protection. What is adequate disclosure? As set forth in 35 U.S.C. Section 112, the specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his in