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.
So, if any of the following three things happen with your invention, then you cannot apply for a patent: It is on sale. It is in public use. It has a printed publication one year before the application date.
The Patent Application Process A patent law attorney should be sought out to secure a patent. Applications are submitted to the United States Patent and Trademark Office (USPTO).
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.
In order for an invention to be patentable, the invention must be considered to be new or novel. This novelty requirement states that an invention cannot be patented if certain public disclosures of the invention have been made.
Patent applications: the three criteria Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
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.
For the United States, it's the United States Patent and Trademark Office. You can prepare the application yourself (there are many good books on the details of how to do this) or you can hire a patent attorney to do it for you.
Use Trade Shows and Conferences: Publicly presenting your idea at industry events can establish you as the original creator. Watermarks and Digital Signatures: Use watermarks on digital documents and digital signatures to establish ownership and trace any unauthorized use.