You probably wonder if there are requirements to obtain a patent. The answer to this question is yes. There are three basic requirements to get a patent. These requirements will be discussed below.
The first requirement that needs to be met is that the invention needs to be new and original. If certain public disclosures have been made, the invention is not patentable. An invention will not normally be patentable if: the invention was known to the public before the applicant filed for the patent; the invention was described in a printed publication before the applicant filed for the patent; or the invention was described in a published patent application or issued patent filed before the applicant filed for the patent. There is a one year grace period for the first public disclosure or offer for sale of an invention by an inventor during which a patent application must be filed. Although, an inventor who does not file for patent protection on a new invention within this one year grace period will lose all right to obtain patent protection on the invention. It is preferable to file a patent application before any public disclosure of the invention.
The second requirement is the idea must have some “useful” function or purpose. This requirement is easily met in the context of computer and electronic technologies. When attempting to patent a pharmaceutical or chemical compound, this requirement is more important.
The last requirement is that the idea should not be obvious. The invention is compared to the prior art and a determination is made whether the differences in the new invention would have been obvious to a person having ordinary skill in the same type of technology used in the invention. It requires that the invention be obvious at a time before the application was filed. An examiner in the patent office will usually review previous patent documents to find those patents and published patent applications that are closest to the invention for which patent protection is sought to make this determination.
An attorney can help you determine if your idea meets these three requirements and analyze it further.
