Can my idea, product or invention get patent in US ?
Once you are struck with an inventive idea, or a new business app (eCommerce model) or a mechanical inventive idea, this question is always in your mind... Can my invention get patent in US ? is that Idea that I have in my mind, make me money ?
Patents are granted in united stated if the invention has four things as explained below:
Patentable subject matter:
The invention should be a falling into one of the five "statutory classes" of things that are patentable:
- Manufactures (that is, objects made by humans or machines)
- Compositions of matter, and
- New uses of any of the above
Process: “process” is defined by law as a process, act, or method, and primarily includes industrial or technical processes.
Composition of matter: “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds.
In simple terms: 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,”
Below are criteria’s for an invention being patentable:
Novelty: is the invention you are working on is novel? In other words have I created an invention in which at least some part of it is not known to public? The things that are already known to public are called as “prior art”. To be able to patentable you invention needs to have some novel elements when compared to state of art or prior art.
Inventive step / non-obvious: in order for an invention to win patent it must have an “inventive step” or it should be “non-obvious”. In simple terms the solution for which you are hoping to get patent in US should not be obvious to a person who is ordinary skilled in the art / domain of the invention.
In other words, there should be some difference between your invention and existing state of the art that is known to public and that difference must not be obvious to someone skilled in the technology of the invention.
Useful / Industrial Application: an invention also needs to be useful for industrial purpose.
Disclosure of invention should be enabling: the description of the invention given in the patent application should be sufficient enough such that a person ordinary skilled in the art should be about to reduce invention into the practice merely by use of disclosure given in the patent.
To explain it further,
Novel: The invention must be "novel". In other words the invention should not have a prior art (something known to public prior to filing date of patent) that explains exactly same invention from our patent. In simple terms, it must be something that no one did before.
Usefulness: “useful” means the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Inventive step / non obviousness: The invention must be "unobvious" to "a person having ordinary skill in the art to which said subject matter pertains".
Enabling: The disclosure of the invention should be enabling to be able to win the patent. In simple terms, the description of the invention in the patent application should be capable of teaching a person skilled in the art how to make / practice the claimed invention without “undue experimentation”.
Best Mode: Your invention disclosure also required to be mentioning preferred embodiments (preferred variations of the invention) also called “Best Mode”. This is made essential by patent law to prevent inventors who would describe the invention in general but keep the best mode (preferred of operation) a secret. To win patent for the invention, you (the inventor) should be disclosing everything about the invention without holding back anything.
You might say, okay that was informative... but how would I know if my invention qualifies for these criteria or not ? the question still remains...
Can my invention get patent in US ?
Ideally, this is to be found out by a patent professional !!!
this type of project called as "patetability search" or "Novelty search" in which, the patent professional in this case patent researcher searches for prior arts for your invention and creates something called "search report" it takes about 2-3 weeks of extensive research.
The patent attorney then reviews the invention in line with the closest possible prior arts found in the research (that is products, documents, papers, articles or blogs which are very similar to your invention) and provide a "Patentability Opinion".
This patentability opinion from the patent agent or patent attorney provides the answer to your question and guide you whether it is worth moving ahead for patenting process or not.
To check about the patentability of your invention you can reach patent professionals here