What is a patent? A United States Of America Patent is basically a “grant of rights” for a limited period. In layman’s terms, it is acontract in which the United States Of America government expressly permits an individual or company to monopolize a particular concept for a short time. Typically, our government frowns upon any kind of monopolization in commerce, due to the belief that monopolization hinders free trade and competition, degrading our economy. A good example is the forced break-up of Bell Telephone some years ago into the many regional phone companies. The us government, in particular the Justice Department (the governmental agency which prosecutes monopoly or “antitrust” violations), considered that Bell Telephone was an unfair monopoly and forced it to relinquish its monopoly powers over the telephone industry.

Why, then, would the us government permit a monopoly in the form of a patent? The federal government makes an exception to encourage inventors in the future forward making use of their creations. In doing so, the government actually promotes advancements in technology and science.

First of all, it should be clear to you personally just how a patent behaves as a “monopoly. “A patent permits the property owner in the How To Get A Patent With Inventhelp to stop other people from producing the item or making use of the process included in the patent. Consider Thomas Edison and his awesome most famous patented invention, the light bulb. Along with his patent for that light bulb, Thomas Edison could prevent every other person or company from producing, using or selling light bulbs without his permission. Essentially, no one could contest with him within the light bulb business, and hence he possessed a monopoly.

However, in order to obtain his monopoly, Thomas Edison needed to give something in return. He required to fully “disclose” his invention for the public. To obtain a United States Of America Patent, an inventor must fully disclose what the invention is, the actual way it operates, and the best way known by the inventor making it.It really is this disclosure to the public which entitles the inventor to some monopoly.The logic for doing this is that by promising inventors a monopoly in turn for his or her disclosures for the public, inventors will continually attempt to develop new technologies and disclose them to people. Providing all of them with the monopoly allows them to profit financially from your invention. Without this “tradeoff,” there would be few incentives to produce new technologies, because without a patent monopoly an inventor’s hard work would bring him no financial reward.Fearing that the invention will be stolen when they make an effort to commercialize it, the inventor might never tell a soul regarding their invention, as well as the public would not benefit.

The grant of rights within a patent will last for a restricted period.Utility patents expire twenty years once they are filed.If this was not the case, and patent monopolies lasted indefinitely, there could be serious consequences. For example, if Thomas Edison still held an in-force patent for your light bulb, we might probably must pay about $300 to buy a light bulb today.Without competition, there could be little incentive for Edison to boost upon his light bulb.Instead, when the Edison light bulb patent expired, everyone was free to manufacture light bulbs, and lots of companies did.The vigorous competition to do just that after expiration in the Inventhelp Tech resulted in better quality, lower costing light bulbs.

II. Types of patents

You can find essentially three types of patents which you should know of — utility patents, design patents, and provisional patent applications. A utility patent relates to inventions that have a “functional” aspect (put simply, the invention accomplishes a utilitarian result — it really “does” something).In other words, the thing which is different or “special” about the invention has to be for a functional purpose.To be eligible for utility patent protection, an invention should also fall within a minumum of one in the following “statutory categories” as required under 35 USC 101. Stay in mind that just about any physical, functional invention will fall into at least one of such categories, which means you will not need to be concerned with which category best describes your invention.

A) Machine: consider a “machine” as something which accomplishes a task due to the interaction of its physical parts, like a can opener, a vehicle engine, a fax machine, etc.It is the combination and interconnection of those physical parts that our company is concerned and which are protected by the patent.

B) Article of manufacture: “articles of manufacture” ought to be looked at as things that accomplish a job just like a machine, but with no interaction of varied physical parts.While articles of manufacture and machines may appear to be similar in many cases, you can distinguish the two by considering articles of manufacture as increasing numbers of simplistic things which routinely have no moving parts. A paper clip, as an example is surely an article of manufacture.It accomplishes a job (holding papers together), but is clearly not a “machine” because it is a basic device which will not rely on the interaction of varied parts.

C) Process: an easy method of performing something through one or more steps, each step interacting in some way with a physical element, is actually a “process.” An activity can become a new approach to manufacturing a known product or can even be a new use for a known product. Board games are usually protected as a process.

D) Composition of matter: typically chemical compositions such as pharmaceuticals, mixtures, or compounds including soap, concrete, paint, plastic, and also the like can be patented as “compositions of matter.” Food items and recipes tend to be protected in this fashion.

A design patent protects the “ornamental appearance” of an object, rather than its “utility” or function, which can be protected by a utility patent. In other words, when the invention is a useful object that includes a novel shape or overall look, a design patent might give you the appropriate protection. In order to avoid infringement, a copier would have to create a version that will not look “substantially just like the ordinary observer.”They cannot copy the form and overall look without infringing the design patent.

A provisional patent application is really a step toward getting a utility patent, in which the invention might not anticipate to get yourself a utility patent. Put simply, if this seems like the invention cannot yet get a utility patent, the provisional application may be filed within the Patent Office to determine the inventor’s priority towards the invention.Since the inventor will continue to develop the invention and make further developments that allow a utility patent to get obtained, then this inventor can “convert” the provisional application to a full utility application. This later application is “given credit” for your date once the provisional application was first filed.

A provisional patent has several advantages:

A) Patent Pending Status: Probably the most well-known advantage of a Provisional Patent Application is it allows the inventor to instantly begin marking the product “patent pending.” It has an occasion-proven tremendous commercial value, just like the “as seen on TV” label which is applied to many products. A product or service bearing both these phrases clearly possesses an industrial marketing advantage right in the first place.

B) Capability to enhance the invention: After filing the provisional application, the inventor has 1 year to “convert” the provisional in to a “full blown” utility application.During that year, the inventor should try to commercialize the item and assess its potential. When the product appears commercially viable during that year, then the inventor is encouraged to convert the provisional application into a utility application.However, unlike a typical utility application which can not be changed in any way, a provisional application may have additional material added to it to enhance it upon its conversion within twelve months.Accordingly, any helpful information or tips that were obtained by the inventor or his marketing/advertising agents during commercialization in the product can be implemented and protected during that time.

C) Establishment of any filing date: The provisional patent application also provides the inventor using a crucial “filing date.” Put simply, the date that this provisional is filed becomes the invention’s filing date, even for that later filed/converted utility patent.

III. Requirements for getting a utility patent. Once you are certain that your invention is a potential candidate for a utility patent (because it fits within one of the statutory classes), you ought to then move ahead to assess whether your invention can satisfy two key requirements — “novelty” and “unobviousness.” Both of these requirements are essentially worried about whether your invention is new, and in case so, whether you will find a substantial difference between it and other products inside the related field.

A) Novelty: To have a utility patent, you have to initially see whether your invention is “novel”. In other words, can be your invention new?Are you currently the first person to possess considered it? For instance, should you apply for a patent on the light bulb, it seems quite clear which you would not really eligible to a patent, since the light bulb is not a new invention. The Patent Office, after receiving the application, would reject it based upon the reality that Edison invented the light bulb a long time ago. In rejecting your patent application, the Patent Office would actually cite the Edison light bulb patent against you as relevant “prior art” (prior art is everything “known” just before your conception in the invention or everything proven to the general public several year before you file a patent application for that invention).

For the invention to be novel with regards to other inventions in the world (prior art), it must just be different in some minimal way. Any trivial physical difference will suffice to render your invention novel more than a similar invention.Should you invent a square light bulb, your invention would sometimes be novel compared to the Edison light bulb (since his was round/elliptical). If the patent office would cite the round Edison light bulb against your square one as prior art to show that the invention was not novel, they would be incorrect. However, if there exists an invention that is identical to yours in each and every way your invention lacks novelty and is also not patentable.

Typically, the novelty requirement is extremely simple to overcome, since any slight variation in good shape, size, combination of elements, etc. will satisfy it. However, even even though the invention is novel, it might fail another requirement stated earlier: “non-obviousness.” So, in the event that your invention overcomes the novelty requirement, tend not to celebrate yet — it is more challenging to meet the non-obviousness requirement.

B) Non-obviousness: As stated before, the novelty requirement is the easy obstacle to beat within the search for How To Get A Patent With Inventhelp. Indeed, if novelty were the only real requirement to fulfill, then just about anything conceivable might be patented as long because it differed slightly coming from all previously developed conceptions. Accordingly, a more difficult, complex requirement must be satisfied right after the novelty real question is met. This second requirement is known as “non-obviousness.”

The non-obviousness requirement states in part that although an invention and also the related prior art might not really “identical” (which means that the invention is novel with regards to the prior art), the invention may nevertheless be unpatentable when the differences between it as well as the related prior art will be considered “obvious” to someone having ordinary skill in the area of the particular invention.

This can be in fact the Patent and Trademark Office’s means of subjectively judging the “quality” of an invention. Clearly the PTO has no latitude in judging whether your invention is novel or not — it is actually more often than not quite evident whether any differences exist involving the invention as well as the prior art.On this point there is no room for subjective opinion. Regarding non-obviousness, however, there is a reasonably bit of room for many different opinions, considering that the requirement is inherently subjective: differing people, including different Examiners in the Patent Office, could have different opinions regarding whether or not the invention is truly obvious.

Some common examples of items that are certainly not usually considered significant, and so which are usually considered “obvious” include: the mere substitution of materials to create something lighter in weight; changing the dimensions or color; combining items of the type commonly found together; substituting one well-known component for the next similar component, etc.

IV. What exactly is considered prior art by the Patent Office?

The patent laws, specifically 35 U.S.C. section 102, outline eight major kinds of prior art which can be used to prevent you from acquiring a patent. Put simply, it defines exactly those activities that the PTO can cite against you in an effort to prove that the invention will not be actually novel or to show that your invention is obvious. These eight sections can be broken down into an arranged and understandable format comprising two main categories: prior art which is dated before your date of “invention” (thus showing that you will be not the initial inventor); and prior art which dates back prior to your “filing date” (thus showing that you might have waited too long to file for any patent).

A) Prior art which dates back prior to your date of invention: It would seem to sound right that in case prior art exists which dates before your date of invention, you must not be entitled to obtain a patent on that invention as you would not truly function as the first inventor. Section 102(a) of the patent law specifically describes the things which can be used as prior art if they occur before your date of invention:

1) Public knowledge in the usa: Any evidence that your invention was “known” by others, in the usa, prior to your date of invention. Even if you have no patent or written documentation showing that the invention was known in the usa, the PTO may still reject your patent application under section 102(a) as lacking novelty should they can show that the invention was generally known to people before your date of invention.

2) Public use in the United States: Use by others of the invention you are attempting to patent in public places in the United States, just before your date of invention, can take place against your patent application from the PTO. This should make clear sense, since if a person else was publicly using the invention before you even conceived from it, you obviously should not be the first and first inventor from it, and you may not deserve to obtain a patent because of it.

3) Patented in the usa or abroad: Any United States Of America or foreign patents which issued before your date of invention and which disclose your invention will be used against your patent application from the PTO. For example, assume that you invent a lobster de-shelling tool on June 1, 2007.The PTO can use any patents which disclose an identical lobster de-shelling tool, U . S . or foreign, which issued before June 1, 2007 (your date of invention) against your patent application.

4) Published publicly in United States or abroad: Any United States or foreignprinted publications (such as books, newspapers, magazines, trade journals, etc.) which disclose your invention and were published before your date of invention will stop you from obtaining a patent.Again, the reasoning here is when your conception was described publicly in a printed publication, then you definitely are not the initial inventor (since someone else thought of it before you) and you are not eligible to patent onto it.

B)Prior art which dates back just before your filing date: As noted above, prior art was considered everything known prior to your conception in the invention or everything known to the public multiple year before your filing of a patent application. This means that in many circumstances, even even though you were the first one to have conceived/invented something, you will be unable to get a patent onto it when it has entered the arena of public knowledge and more than one year has gone by between that point along with your filing of a patent application. The objective of this rule is always to persuade folks to try to get patents on their inventions at the earliest opportunity or risk losing them forever. Section 102(b) in the patent law defines specifically those types of prior art which can be utilized against you being a “one-year bar” the following:

1) Commercial activity in america: When the invention you wish to patent was sold or offered available for sale in america more than one year before you file a patent application, then you are “barred” from ever getting a patent on your invention.

EXAMPLE: you conceive of your own invention on January 1, 2008, and present it for sale on January 3, 2008, in an attempt to raise some funds to try to get a patent. You have to file your patent application no later than January 3, 2009 (twelve months from your day you offered it available for sale).In the event you file your patent application on January 4, 2009, for instance, the PTO will reject your application to be barred since it was offered on the market multiple year prior to your filing date.This too is the case if a person other than yourself begins selling your invention. Assume still which you conceived your invention on January 1, 2008, but did not sell or offer it available for sale publicly.You just kept it to yourself.Also believe that on February 1, 2008, another person conceived of your invention and began selling it. This starts your twelve months clock running!If you do not file a patent on your own invention by February 2, 2009, (one year through the date another person began selling it) then you also will be forever barred from acquiring a patent. Note that this provision in the law prevents you from acquiring a patent, even though there is absolutely no prior art dating back to before your date of conception and also you really are the initial inventor (thus satisfying 102(a)), for the reason that the invention was offered to the general public more than one year before your filing date due to another person’s sale.Accordingly, “section 102(b) one-year bars” can ruin the chances of you acquiring a patent even though you happen to be first inventor and have satisfied section 102(a).

2) Public use in america: If the invention you wish to patent was utilized in america on your part or some other more than one year before your filing of a patent application, then you are “barred” from ever getting a patent on the invention. Typical examples of public use are whenever you or another person display and utilize the invention at a trade show or public gathering, on tv, or somewhere else where general public has potential access.The general public use do not need to be the one that specifically promises to have the public mindful of the invention. Any use which can be potentially accessed through the public will suffice to begin usually the one year clock running (but a secret use will often not invoke the one-year rule).

3) Printed publication in america or abroad: Any newspaper article, magazine article, trade paper, academic thesis or some other printed publication by you or by another person, accessible to the public in the usa or abroad several year before your filing date, will prevent you from acquiring a patent on your invention.Note that even a write-up authored by you, regarding your own invention, begins the main one-year clock running.So, for example, in the event you detailed your invention in a press ndefzr and mailed it, this could start the one-year clock running.So too would usually the one-year clock start running for you in case a complete stranger published a printed article about the topic of your invention.

4) Patented in the usa or abroad: In case a United States Of America or foreign patent covering your invention issued more than a year prior to your filing date, you will be barred from obtaining a patent. Compare this with all the previous section regarding U . S . and foreign patents which states that, under 102(a) of the patent law, you are prohibited from obtaining a patent if the filing date of another patent is sooner than your date of invention. Under 102(b) which our company is discussing here, you are unable to obtain a patent with an invention which was disclosed in another patent issued over last year, even if your date of invention was before the filing date of this patent.

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