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Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty.
It is possible to file a patent application on your own, however it requires a solid understanding of patent law, the ability to draft accurate and comprehensive descriptions of your invention, and adherence to specific application procedures / requirements of the patent office.
A patent provides its owner with the right to prevent the manufacture, sale, use, importation, or offer for sale of the patented product, process, or composition. A patent is not a positive right that enables its owner to do anything that he or she wants.
Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
A patent application often includes the following primary sections: Invention Title. The title's objective is to provide a clear understanding of the invention or idea. Prior Art: Context and Novelty. Invention Summary. Drawings and Descriptions. Detailed Description. Claims. Scope. Characteristics.
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.
A patent application can be filed electronically through the USPTO website, by mail or by fax. Work with an examiner. Once a patent application is submitted, it is assigned to an examiner who determines if the application meets the requirements. If it does not, you will have opportunities to make amendments.
How to File a Patent in New York Do You Have an Idea or Invention? Every invention begins as an idea. Perform Market Research. Verify Patent Eligibility. Conduct a Patent Search. Determine Inventorship & Ownership. Choose the Type of Patent. Prepare the Patent Application. Submit the Patent Application.