Is it Possible to Patent an Idea in the USA?

There is a rise in the number of creative people in the USA. On the other hand, there is a rise in the number of dishonest people too. They do not have the creative instincts to create something new. Thus, they steal the invention of others and pass it off as their brainchild. Such people thrive in life by snatching away the limelight from others. 

So, veteran people advise the creative population to patent their creations. A patent gives people exclusive rights over their design for years. A patented product keeps such parasitic people at bay.+

Now, the creative people of the USA are curious to know what can be patented. Let us discuss this.

 Types of patents:

People need to be sure about what they are patenting. The invention will be categorized under different types of patents. So, let us have a clear idea of the different kinds of patents. They are as follows:

  • Design patent
  • Utility patent
  • Plant patent

The moment inventors go to the patent services offices, they need to specify under which category of patent their invention falls. So, we need to have a clear understanding of the different kinds of patents. They are as follows:

Design Patent: 

Inventors often invent an original and unique ornamental design for an article that has already been manufactured. They may apply for a design patent.

Utility Patent:

Many people invent a product that is unique and useful at the same time. They may apply for a utility patent.

Plant Patent: 

Botanists conduct multiple types of research on plants. As a result of their investigations, they may invent an original species of plants through asexual reproduction. Such botanists are eligible to apply for plant patents.

Ideas To Be Patented In The USA:

Creative people need to apply for a patent after their invention is complete. The vision needs to meet a few requirements to be patented. The requirements are as follows:

  • The subject matter of the revolutionary invention needs to be patentable.
  • The invention has to be legal. It has to meet the standard definition of “novel.”
  • The invention should not be familiar enough for anyone to invent. It needs to be exceptional.
  • The invention must serve some useful purpose.

People who have applied for a patent in the USA need to explain why an idea or invention is revolutionary enough to avail of a patent. You need to describe the idea in papers as proof of your concept. Diagrams, illustrations, or flowcharts may support the verbal explanations. The explanation has to be lucid enough for the patent officers to grasp. The applicants may use diagrams, flowcharts, and valid points to justify their patent application.

Now, people are often curious to understand which objects have a patentable subject matter. A few examples of patentable subject matter are as follows-

  • An ordinary tool which helps in doing something
  • Any new formula
  • A process of doing something in a better way
  • A machine that does something in a better way
  • Something unique enough to stand out from other creations.

If an inventor still asks, “What can be patented,” a few examples are as follows:

Business methods

  • Perfumes
  • Jewelry design
  • Sports accessories
  • Computer accessories
  • Musical instruments
  • Computer software
  • Magic trick

A few objects for which you cannot avail a patent are as follows:

  • Any surgical procedure
  • Any process that involves only physical activity
  • A drug that puts the safety of the user at risk
  • A law of nature
  • Any invention that has a criminal intention
  • Any substance available in nature
  • Any invention, the existence of which violates existing scientific laws

You cannot avail of a patent regardless of how revolutionary or beneficial the product is for such ideas.

Uniqueness:

The government of the USA provides patents to objects that are different from others. They stand out in a crowd.

The inventors need to ensure that the object they want to patent is unique. The factors that make a product unique are as follows:

  • The object had not been patented earlier.
  • The inventors haven’t applied for the patent earlier.
  • The invention has tremendous business potential.
  • The inventors haven’t sold an earlier version of the patent.
  • Nobody else has disclosed the potential earlier.
  • The invention has the potential to be used for business causes.
  • The invention doesn’t exist in the public domain already.

Non-obvious:

A product that can be patented needs to be non-obvious. Now, let us understand the matter in detail.

  • The invention must be something people in the field would not have noticed otherwise.
  • The invention should come as a surprise to people in the domain.
  • The invention should require an inventive step.

Conclusion: 

Before wrapping up, we need to understand that anything that has a purpose, is non-obvious, and is unique is eligible for a patent. However, the subject matter of the products should be patentable. Also, the inventors need to follow specific guidelines so that their products get patented. A utility patent is of more value than a design patent. 

 It is tough to acquire a patent. Additionally, it needs to be renewed or updated after the number of years has elapsed. A patent attorney is required to be hired to strengthen the chances of getting an invention patented. They can explain the legal implications of the object that needs to be patented. The scientists are eligible for maintenance fees after their inventions are patented. A patent office attorney is within the right to reject the application for a patent if it fails to impress them. So, it is the responsibility of the inventor to mention every little detail of the invention. Presenting an accurate picture of the product increases the chances of qualifying for the patent. It is good to sign off on a positive note and clarify that a patented product will prevent forgery.

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