What Every Patent Needs

What are the four necessary parts of a good patent definition? These same four items are also necessary parts to file a patent, be of economic value and prevent your invention from being stolen. They are:

The invention must be novel

Being novel means that it can not be known by others or used by others before the inventor claims to have invented it. The invention can not be previously patented or publicly disclosed before the inventor’s claimed invention. In other words it can not be an infringement of someone else’s patented work. The patent must be applied for within 1 year after public disclosure or use. Professional patenting firms like InventHelp can help.

The invention must not be obvious

This means that the invention can not be a clear replacement for an original. The proposed invention can not be obvious to a person with average skill in the knowledge area of the invention. An example might be a red toy car. A blue toy car would be an obvious extension of a red toy car. However a toy car that transforms into a robot is not an obvious extension of a red toy car.

Very basic level language must be used

Supplied drawings must be clear and sufficient for a comprehensive understanding of the invention. A person with skill in the knowledge area must be able to understand the invention completely, in order for it to be patentable. If fear of having the invention stolen motivates the inventor to leave out essential elements of the invention, then it is not patentable. Trade secrets may be a better alternative in this case. However trade secrets can be very difficult to protect especially from disgruntled employees.

The patent claims must be clear and specific

The patent claims are the most difficult, but the most important part of a patent. They are the intellectual property that you are requesting the patent office to protect. These claims must be specific and clear, otherwise the patent office will not accept them. Even if the patent office does accept them, they must be defensible in court. Only an experienced patent lawyer or patent agency such as Invent Help would likely be able to foresee potential problems with claims. Many parts of the patent can be done by the inventor, but the claims are not one of them. This is the area where a patent lawyer can really be worth the cost.

Leave Comment

Your email address will not be published. Required fields are marked *