A patent granted to an inventor gives the inventor the right to stop others from making, using or selling the patented invention for a period of 20 years from the filing date. In order to be awarded a patent, the invention or idea must be new, and non-obvious in light of past inventions and items sold in commerce — basically anything similar known before your invention. This body of knowledge created before your invention is referred to as “prior art.”

Patentable subject matter includes processes, business methods, machines, or composition of matters. In today’s business climate, it is not unusual for many small businesses to have a patent portfolio. The scope of material that is now patentable (such as software) opens up new doors for obtaining a position of exclusivity for your business.

The first step in filing a patent is to perform a search and find out if the idea or invention already exists as prior art. This search is a prudent step to determining if there is any room for patent protection. There are numerous prior art references in the patent literature which have never seen the light of day commercially, but are present as an obstacle for obtaining patent protection.

If the search results show that there is room for meaningful patent protection, the next step is the proper preparation of a patent application. After filing the application, the concept is considered “Patent Pending,” during which a Patent Examiner of the Patent and Trademark Office reviews your application to determine its patentability. There are many arguments to prove the concept in the patent application is “non-obvious” in light of the prior art.

Please contact us today to set up an appointment to learn more about Invention Law.