The hardest part about patenting is deciding what is or isn’t patentable. If you think you’ve got the next big thing and you want to patent it either as a part of your incorporation or before you incorporate, check out the following guidelines.
Must be a useful process (primarily includes industrial or technical processes), machine, manufacture (includes all manufactured articles), or composition (chemical compositions, mixtures of ingredients or new chemical compounds) of matter (practically anything made by man and the processes for making those things).
The invention must useful. A machine, for instance, must perform its intended use.
The invention must be novel and obvious over prior art. Even if it is not exactly as shown by prior art and it has one or more differences over the most nearly similar thing already known, a patent may still be refused if the differences would be obvious. Non-obvious describes changes that are not obvious to a person having ordinary skill in the area of the technology relating to the invention.
It cannot be known or used by others in this country, or patented or described in a printed publication anywhere. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, they must apply for a patent before one year has gone by.
If information regarding your invention or innovation is published, the U.S. provides a one-year grace period for filing a patent application to seek patent protection.
A patent cannot be obtained based on an idea or suggestion. A complete description of the invention or other subject matter for which a patent is sought is required.
The laws of nature, physical phenomena, and abstract ideas are not patentable.
For more info on patents and United States guidelines, visit the United States Patent and Trademark Office home page. This information brought to you by https://www.incparadise.net, helping you incorporate in all fifty states.« Return to all articles