Can I Patent My Idea?
Your idea could be a device, an apparatus, a method of performing a function, or a design. Whether it qualifies for patent protection depends on what you have developed and how it meets the legal requirements. An idea alone is not enough: a patent application must describe the invention with the detail required by patent law.
Three Questions That Help Determine Patentability
When examining a utility patent application, the United States Patent and Trademark Office (USPTO) applies a series of tests to the claimed invention. Three central questions are: Is the idea new? Is the idea useful? Is the idea non-obvious? Each test involves a series of legal and technical hurdles that must be overcome to satisfy the requirement. These are important requirements, but they are not the only ones.
1) Is the Idea New?
Your invention must be new, or “novel.” The USPTO evaluates it against existing information known as prior art, which can include patents, published applications, publications, public uses, and sales. The hurdles include identifying relevant prior art and explaining what distinguishes your claimed invention from what has already been disclosed.
2) Is the Idea Useful?
For a utility patent, the invention must have a useful purpose and be capable of performing its intended function. The hurdles include explaining what the invention does, why it is useful, and how it works. The application must also clearly describe how to make and use the invention; a hoped-for result or an undeveloped theory is not enough.
3) Is the Idea Non-obvious?
Being different does not necessarily make an invention patentable. The USPTO considers whether the differences from existing technology would have been obvious to a person with ordinary skill in the relevant field. The hurdles include addressing why the claimed features are more than an obvious modification or combination of what is already known.
What If My Idea Is a Design?
A design patent protects an article’s ornamental appearance, while a utility patent protects how an invention works or is used. Design patents have distinct requirements, including a new, original, ornamental, and non-obvious design. The utility-patent usefulness test does not apply to an ornamental design in the same way.
Experienced Patent Preparation Without Typical Law-Firm Overhead
Vereb Law Group PLLC has over 25 years of experience preparing patent applications that answer these questions for inventors. We help explain your invention, identify its distinguishing features, and prepare an application designed to address the USPTO’s requirements.
Our services are very affordable compared to typical law firms because we minimize overhead costs to save you money. Our focus is on delivering experienced patent assistance without passing unnecessary overhead on to our clients.
Every patent application we draft is overseen by a patent attorney with over 25 years of experience. Unlike firms that rely on non-attorney employees often called “technical specialists” for drafting work, our service emphasizes experienced patent-attorney oversight. You receive both technical attention and a legal perspective on the protection you are seeking.
Start With a Free Consultation
To get started, all you need to do is contact our offices for a free consultation to discuss your invention. Whether your idea involves a device, an apparatus, a method, or an ornamental design, Vereb Law Group PLLC can help you understand the questions that matter and your next steps.
Contact Vereb Law Group PLLC today to schedule your free invention consultation.
This page provides general information, not legal advice. Patentability depends on the specific invention and applicable law; no patent grant is guaranteed.