What standards are applied to determine if an invention is patentable?

• What is a patent?

• What can be patented?

• Does an invention have to be completely new to be patented?

• Who can apply for a patent?

• What standards are applied to determine if an invention is patentable?

• What is the first step in patenting an invention?

• When and how is a patent application prepared?

• What information goes into the patent specification?

• What is the function of the patent Claims?

• Are there different types of patent applications?

• What happens after the patent application is filed?

• Is there any recourse from an unfavorable final office action?

• What happens once the examiner finds the claims are allowable?

• Does the inventor have to wait for the issuance of his/her patent before beginning to manufacture or market the invention?

• How long does the entire patenting process take?

• Should an inventor disclose his/her invention to others prior to filing a patent application?

• What happens if two applications are filed for the same invention?

• How long does patent protection last?

• Does a U.S. Patent provide protection from foreign competition?

• How is a patent enforced?

• Can patent rights be sold?

• Does an employee’s invention automatically belong to their employer?

• What is a patent license?

• How does an inventor go about licensing his/her invention?

• Once a patent is issued, can it be revoked or modified?

• What are the maintenance requirements after a patent is issued?

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There are three standards: utility, novelty, and non-obviousness. Utility requires that the invention has a useful function (general utility) and that it actually performs that function (specific utility). For example, a perpetual motion machine is not patentable because it cannot actually perform its supposed function. Novelty, as defined in 35 U.S. Code §102, requires: (a) that the invention was not known, used or patented by others before the applicant invented it, and (b) that the invention was not in public use or on sale in the U.S. and was not patented or described in a printed publication in any country more than one year prior to the date of the application for patent in the U.S. Inventions that were known, used, sold or patented before the applicant’s invention are referred to as the “prior art”. Non-obviousness, as defined in 35 U.S. Code §103, requires that the applicant’s invention be sufficiently different form the prior art that a person of ordinary skill in

the field would not be able to derive the invention from the prior art. In other words, if someone of ordinary skill in the field could have come up with the same invention based on the prior art, then the invention is obvious and is not patentable.