The 3 rules for a patentable invention
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- Опубликовано: 5 фев 2023
- The 3 Rules for a Patentable Invention:
1. Is it novel? Is your invention a new concept or design?
2. Is it non-obvious? Is your product a non-obvious version of a prior product, idea, or patented invention?
3. Does it have utility? There has to be a benefit that your invention offers. This could be entertainment value, financial benefit, economic benefit, or mechanical leverage.
If your invention meets each of these criteria, you can move forward with a patent application. Contact us at Bold Patents to schedule a free screening session, and get started turning your idea into reality!
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🎉Thank you so much for breaking these terms abd jargon down to understandable participle ❤
you are most welcome! Let me know if you would like to hear about any other topics on patents or other IP.
Patent pending is attained and good for one year; during which time you are permitted to sell/market your Protected idea, correct?? Thank you, again!
A provisional patent application will only be pending for one year, which point, in order to keep its pending status, you must submit a formal nonprovisional utility patent application (which has a lot more rigor/requirements) which claims the priority of the provisional. A nonprovisional patent application will then be examined and it can stay pending for quite a long time. We've had some patent applications unfortunately be pending for 3+ years.
how do you protect your idea before applying for a patent?
You protect it by 1) not publicly disclosing/selling your invention; 2) if You do disclose/sell your invention, keep it under NDA / Confidentiality agreement; 3) If you can't do 1 or 2, then you do your best to document who has access to your invention prior to filing, so you can reserve the right to go after them should they file a patent on the same/similar subject matter and pursue a derivation proceeding if they do.
✨🙏thanks for the advice, recently came up with an idea on something to create, then thought about if I create more to sale how would I protect it , came across this video!!
So glad to hear!
True, but bare in mind. There are many businessmen and investors are offended when you request an NDA before discussing.
They have queues of people lined up, they ain't wasting no time signing an NDA for something they could give a kahoot about.
Sounds like a Catch-22, but you defos need to get your patents out of the way with before approaching your investor.
Otherwise you'll have to sell yourself/business based on other qualities (your qualifications, your reputation, your other assets etc.), which may be quite difficult.
Isn't utility a requirement for a utility patent? Not for a design patent?
Correct! Hope I didn’t goof up on the vid. Design patents require only novelty and non-obviousness, and do not require utility. As the protection granted is purely for the 3D shape, more like art/form instead of function/utility.
@@boldpatents ok so then it's novelty and non-obviousness purely for the 3d shape, nothing to do with applied graphics or materials then?
@@rescuemethod Here is some more nuanced detail on key differences between design and utility: www.uspto.gov/web/offices/pac/mpep/s1502.html#d0e150263