Legal requirements for obtaining a patent

According to law, “any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent”. However, there is a series of requirements to be fulfilled before filing a patent request.  

First of all, the invention filed for obtaining a patent needs to fulfill the requirement of novelty. This means, to put it simply, that the product needs to be new and not previously known and available to the public. The purpose of this requirement is to prevent already invented works to be patented again.
The second requirement is non-obviousness, also known as inventiveness or inventive step, which is a term used in Europe. This means that the product needs to be inventive enough, or non-obvious, if its maker wants the product to be patented. Non-obviousness is determined according to various criteria, which differ from country to country and depend on the country’s legislation.  

Utility is another requirement that needs to be fulfilled in order to be granted a patent. This means that the product, aside from being new and inventive, also needs to be useful  . When filing a patent request, the inventor needs to provide a full project of his invention with the description of its method of operation. The product needs to be fully operational, but also beneficial to the society and practical, where “practical” refers to real-world use of the product.

In addition to these legal requirements, it is also important to know that there are some restrictions to inventions that can be filed for obtaining a patent. Even though it is possible to patent-protect pretty much everything created by man, it is not sufficient to only have an idea or a mere suggestion of an invention. As stated above, the inventor needs to provide a detailed project and description of his work visit this link  . In addition, it is also impossible to be granted a patent for abstract ideas and ideas that fully reproduce laws of nature. If the invention does not meet all the stated criteria, it is not suitable for being granted a patent.

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How to decide whether your invention is patent-able

With the technology becoming more and more advanced, there certainly are many interesting inventions created – some of them being useful, and some not. The ones from the first group, if they fulfill several more conditions, can become a patent. This means that the invention is protected from copying and that its inventor has property rights on it.


Before you decide to file a request for your invention to be granted a patent protection, you need to make sure that it fulfills all the necessary conditions. First, it needs to be a newly found process, machine, article of manufacture or composition of matter.
Additionally, an improvement of some of the existent entities stated above can also be patent-protected at certain conditions, as well as designs and newly reproduced plants.

On the other hand, if your invention falls under the category of natural laws, physical phenomena or abstract ideas, it will not be patentable. If it is publicly offensive, it will also not be considered for patent protection. Also, pieces of work such as lyrics, poems, musical compositions, photos etc. cannot be patented, but they are subject to the Copyright Law.

After determining the category of your invention, it is important to determine whether it is a novelty, is it non-obvious and whether it is useful, because without meeting these criteria, your invention will not be able to be granted a patent protection. In addition, it is necessary to provide a detailed draft of the invention, not a mere idea or suggestion, because only a fully developed project will be taken into consideration for patent protection.

gI_112137_41250779Since it is necessary for the invention to be new, it is important to check whether it already exists before filing a patent request. This can be done in several ways. You can decide to conduct the research yourself, but it is a difficult task that requires a certain amount of skill and knowledge. You can also contact Patent and Trademark Depository Library in your city in order to for them to help you clickable link , or you can decide to seek for help of the attorney specialized in patent law such as the daytona business attorney office.

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The basics of patents

homev2-pic2The patent law is an area of legislation which deals with protection of certain works and the conditions under which the pieces of work can be suitable for obtaining a patent. Legally, a patent is granted to “any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”. In this definition, “process” refers to mainly industrial or technical processes of various kinds, “manufacture” refers to all manually created artifacts, “composition of matter” refers to chemical compounds and the term “machine” is clear and needs no further explanation. To put it briefly, a patent can be granted to almost any product created by man, as well as to the processes of creating these products.

What is also specified in the patent law is that the product must be useful. This means that the product needs to have a purpose, and if we talk about a machine – it also needs to be fully operative, because a non-operative machine cannot be considered useful.

There are some areas of invention where patents cannot be granted. Because is in the los angeles county business attorney offices increased It is prescribed by law that laws of nature and physical phenomena are not subject to patent protection, as well as abstract ideas. Similarly, it is not enough to simply have an idea or a suggestion of a new product if you want to be granted a patent.
It is necessary that there is a full description of your project provided when you want to be granted a patent for it. Naturally, it is also necessary to show that it is useful and operable, as well as how exactly it operates, in order to be able to protect your invention. In addition, the work needs to be new and non-obvious in order to be granted a patent.

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