Do you have a million dollar idea? Often, clients contact my Firm and they are unsure if they have something worth protecting or they don't know what they can protect.
Patents protect useful, novel and non-obvious inventions. Most inventions are useful because they are typically created because the inventor
is attempting to solve a problem. However, it is not so straight forward to determine if an invention is novel and non-obvious. Simply put, novel means new. Keep in mind that just because an invention is not patented or just because you haven't seen an invention on store shelves does not necessarily mean your invention is patentable.
While working as a Patent Examiner at the United States Patent and Trademark Office (USPTO),
I searched several inventions to determine if the invention was patentable. When I discovered an identical reference, I often wondered if the inventor or their counsel researched the invention prior to filing an application. This is a critical step. Conducting research prior to filing a patent application can help you to identify potential licensees and help you to determine reasons for patentability. It is crucial to be able to articulate to potential investors what
is patentable or proprietary about your invention. Also, it is important to note that once a patent application is filed, no new matter can be added.
Most inventions are improvements of existing inventions. The improvement must be non-obvious. For example, obvious improvements may be changing the size, shape or color of an existing invention. 35 USC 103 states that if the differences between the claimed invention and the
prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, then the invention is not patentable.
A skilled patent attorney can help you to determine if you invention is patentable. What have you done to determine if your invention is the next big thing?
