The requirements to get a patent are that the invention for which a patent is applied must be novel, nonobvious, and useful. Further, the invention must be a type of invention that is eligible for a patent and the patent application must clearly explain how the invention works.
Patent Eligibility Requirement – 35 U.S.C. § 101
Only certain types of inventions are eligible for a patent. The invention must fall within one of four statutory categories: a process, a machine, an article of manufacture, or a composition of matter, including any improvements to these categories. Even if the invention falls within these patent eligible categories, there are exceptions set by the courts for inventions which cannot be patented. These include economic theories, legal theories, human behavior, laws of nature, physical phenomena, generic computer functions, and others. However, even if an invention relates to these exceptions that are ineligible for a patent, an inventor can add “significantly more” to the invention to make the invention possibly patentable. If your invention involves any of the exceptions noted, you will want to get an idea from your patent attorney or patent agent as to whether your invention is a type of invention that can be eligible for a patent before applying for a patent.
Specification and Claim Requirement – 35 U.S.C. § 112
The specification is the written description part of the patent application that explains how the invention works. The written description must provide a detailed and clear description of the invention, demonstrating that the inventor has invented the invention. Individuals who are in the field of the invention, which we call “one skilled in the art”, must be able to make and use the invention by reading the written description portion of the patent application. The invention description must enable “one skilled in the art” to make and use the invention without undue experimentation.
Claims which are located at the end of the patent application, must clearly define which part of the invention and how much of the invention is being claimed. They should avoid vagueness and be specific enough that the examiner can understand the scope of protection being sought. Claims must not be indefinite, allowing for a clear interpretation of the invention’s boundaries. Claims must be properly formatted as either independent or dependent claims. A clear format aids examiners in assessing the claims and understanding the scope of the invention.
Novelty Requirement – 35 U.S.C. § 102
To be patentable, an invention must demonstrate novelty, meaning it has not been previously disclosed in the same form. If the invention already exists in the same form, the invention lacks novelty.
Anticipation occurs when there is no significant difference between existing inventions (prior art) and the claimed invention. If a single piece of prior art fully describes every element of the claimed invention, the invention is deemed anticipated and therefore not novel.
Non-Obviousness Requirement – 35 U.S.C. § 103
To be patentable, an invention must be nonobvious: This assessment determines whether the claimed invention would have been obvious to a person of ordinary skill in the relevant field at the time of filing. If an invention can be easily derived from a combination of existing prior art (existing inventions), it may be deemed obvious and ineligible for a patent. The examiner must find that a skilled individual in the field of the invention would not have had the motivation to combine existing prior art to arrive at the claimed invention.
The nonobvious requirement plays a vital role in ensuring that patents are granted only for inventions that represent a significant advancement over existing knowledge, rather than for those that would be obvious to someone with ordinary skills in the art. This standard promotes innovation by safeguarding truly novel contributions to the field.
Conclusion
To get a patent from the US Patent & Trademark Office (USPTO), you must convince a patent examiner at the USPTO that your invention meets all the requirements for patentability. The invention must be a type of invention that is eligible for a patent, you must clearly explain to others how to make and use the invention, the invention must be novel as in you are the first to make such an invention, and your invention must be non-obvious as in it would not have been easy for others to simply combine existing inventions together.
Whether an invention meets the requirements for a patent is subjective, it is a matter of individual opinion. You may believe that your invention is nonobvious when compared to existing inventions, but the patent examiner may believe that your invention is obvious. You must convince the examiner that you meet all the requirements. Realize that not everyone who applies for a patent will get one. Sometimes, you may not be able to convince the examiner that you meet all the requirements. If you continue to get patent rejections, you may need to appeal the decision to the US Patent Trial and Appeal Board. Work with your patent attorney and patent agent who has experience responding to patent office action rejections to maximize the chances of success.
