The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
These five steps will help you plan out the patent process as you seek to protect your invention. Understand your invention. The first step in how to get a patent is to understand your invention. Research your invention. Choose the type of protection. Draft your patent application. Wait for a formal response.
The invention must be statutory (subject matter eligible) The invention must be new. The invention must be useful.
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
A provisional application is a quick, inexpensive way for you to establish a U.S. filing date for your invention that can be claimed in a later-filed U.S. nonprovisional, PCT, and/or foreign application. Provisional applications will not be examined and never lead to patents by themselves.
The Wright Brothers' “Flying Machine" The Wright brothers, Orville and Wilbur Wright, secured a patent for their “flying machine” in 1906. Their invention (patent number US821393A) detailed an innovative method for controlling an aircraft in flight.
Patents must be for inventions that are useful. This means the item being patented has a credible, specific and substantial purpose. Utility must be specific to the item being patented; general utility that applies to a broad class of items will not suffice.
Under U.S. law, you cannot patent an idea, but you may be able to protect your idea by bringing it to life. Learn how ideas differ from inventions.