In order to protect an invention, the inventor needs to file for a patent. However, not everything can be patented. There are certain requirements an invention must meet in order to be eligible for a patent. So, can you patent that? Let's take a closer look.
What can be patented?
In general, patents are granted for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." This means that a wide variety of inventions may be eligible for a patent. However, there are some limitations to what can be patented.
- The invention must be novel. This means that the invention must be new and not something that has been disclosed or made available to the public before. In other words, if the invention has already been patented or if it is already being used or sold publicly, it may not be eligible for a patent.
- The invention must be non-obvious. This means that the invention must not be something that would have been obvious to someone skilled in the relevant field. For example, if an invention is simply a combination of existing technologies or techniques, it may not be eligible for a patent.
- The invention must be useful. This means that the invention must have a practical application and be capable of being used in some way. Inventions that are purely theoretical or abstract, or that have no practical application, may not be eligible for a patent.
What makes something eligible for a patent?
In addition to meeting the requirements outlined above, there are a few other things that can make an invention eligible for a patent.
- The invention must be fully described and disclosed in the patent application. This means that the inventor must provide a detailed description of the invention, including how it works and how it is made. The application must also include any drawings or diagrams that are necessary to fully understand the invention.
- The inventor must be able to demonstrate that they are the first to invent the invention. This means that the inventor must be able to prove that they came up with the idea for the invention and that they were the first to do so. This can be done through documentation, such as lab notebooks or other records of the invention process.
- The inventor must pay the required fees and file the patent application with the appropriate government agency. In the United States, this is the United States Patent and Trademark Office (USPTO).
