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Determining if Your Idea is Patentable

Applying for or filing a patent application is not a guarantee that an inventor will get the patent. The patent examiner will look closely at your application to make sure the patent qualifications are met. Keep in mind; however, that even if your application is granted, it can be overturned if it's determined that the examiner overlooked something important.

Your patent application will be examined to ensure your intellectual property is novel (new), nonobvious and useful. You must have adequately described your invention on the patent application.

Novel or New

If it's determined that the same intellectual property you're trying to patent has been in any printed publication anywhere in the world, has been on sale or in public use in the United States before the date you invented it, your application for patent will be denied.....More>>


For an invention to be termed nonobvious, it must be substantially different or unique from anything that has been previously described or used before. It must be nonobvious to a person of ordinary knowledge or skill in technical field related to your invention. Substituting one material for another material or size is typically not patentable as nonobvious.....More>>


Your intellectual property must be operative and serve a useful purpose to be considered useful. In order for it to be termed useful, you must give an accurate description of your invention's use and it is required to live up to your claim.....More>>

Claim Must Be Proven on Paper

When filling out your written patent application, you must describe your invention in such a manner that a person skilled in the same field of technology as your invention can read and understand your application and would be able to use your invention. As the inventor, you must be able to describe your inventions.....More>>