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Quick Facts About Patents

Quick Facts About Patents

You can obtain a U.S. utility patent if your invention is adequately described and is:

  • New
  • Useful, and
  • Non-obvious, and
  • Pertains to a machine, composition, process or a thing (article of manufacture), or an improvement thereof.

New means the invention was not (a) patented or (b) published or (c) in public use or (d) on sale or (e) otherwise available to the public (ex. oral presentation) by another at any time before the first filing date of your patent application, OR the inventor(s) had not disclosed the subject matter of their patent application via (a) patent or (b) publication or (c) public use or (d) making available for sale, or (e) otherwise making available to the public more than 1 year prior to the first filing date of your patent application.

To be Useful, an invention must have a utility, a practical aspect.

Non-obvious means that a person having ordinary skill in the art, at the time the invention was made or conceived, would likely not have made or conceived the invention. The Patent Office will look to prior publications to determine if a combination of references would arrive at the invention seeking the grant of a patent.

IMPORTANT DATES TO TRACK:

  • Public disclosure or offer for sale — the date when you first presented, published, or otherwise made available to the public a description of your invention that would allow another of ordinary skill to reproduce your invention, or offered your invention for sale. Please contact CoMotion before making a public disclosure.
  • Conception date — the date that you knew your invention would solve the problem.