Looking for a Patentability Expert?
Do you need to know if your invention or idea is patentable? Our patentability expert can help you find out. For an invention to be patentable it must meet these four requirements: 1. patent eligible subject matter, 2. useful, 3. novel, and 4. non-obvious. Our patentability report and patent application expert (patent agent) does all of our patentability searching, analysis, and reports. You can be assured your invention is confidential with us. Carson Patents® does not outsource any patent searching, patentability studies, or reports. Get expert help with all of the steps to patent for your invention or idea with a utility patent or a design patent application.
What does “Patentability” mean?
Patentability is a combination of two evaluations to address all four patentability requirements: 1. patent eligible subject matter, 2. useful, 3. novel, and 4. non-obvious.
The first evaluation is a determination whether, or not, an idea or invention is patent eligible subject matter. Patents can be obtained for a process, a machine, a manufacture, or composition of matter. In the US, there are four categories of patent eligible subject matter:
- A process defines actions. It is generally claimed as an act, step, or a series of acts or steps.
- A machine is a concrete thing. It is generally claimed as a device or apparatus made of parts, devices and/or combinations of parts and/or devices.
- A manufacture is a tangible article. It is generally claimed as a new form, quality, property, or combination through man-made or artificial means.
- A composition of matter is a combination of two or more substances or composites.
The second evaluation, is a three part determination. First, (35 U.S.C. §101), whether it is useful. Any non-criminal or non-trash use is acceptable. Second, (35 U.S.C. §102), whether or not it is new. It can not exist in the prior art, or conflict with another invention or idea. Third, (35 U.S.C. §103), whether it would be obvious to try for a person having skill in the art of making the invention. Contact Carson Patents® to get a prior art search and patentability study report for your idea or invention.
Is your invention patentable?
For an invention or idea to be patentable it must meet these four requirements: 1. patent eligible subject matter, 2. useful, 3. novel, and 4. non-obvious.
- To be patent eligible subject matter (read more at USPTO) an invention must be a process, machine, manufacture, or composition of matter. And, it cannot be within any of the three exceptions recognized by the courts: 1. laws of nature, 2. physical phenomena, and 3. abstract ideas.
- Useful (35 U.S.C. §101) means an invention has a use that is not only criminal or trash.
- Novel (35 U.S.C. §102) means an invention must be new.
- Non obvious (35 U.S.C. §103) means an invention must not be obvious to try for a person having skill in the art.
To determine if an invention is patentable, a professional prior art search is done to find potential prior art. The prior art is used to evaluate an invention against these eligibility criteria. In other words, the prior art is used to conduct a patentability study.
What is Prior Art?
Prior art is all information available to the public in any form before the date of invention that might be relevant to claims of novelty (35 U.S.C. §102) and non-obviousness (35 U.S.C. §103). In other words, prior art is any disclosure relevant to claims of originality and obviousness. Specifically, any similar disclosure to a patent claim may prevent the claim from being allowed.
The prior art is any patent, patent application, or non-patent literature that discloses an idea or invention. Disclosing means describes, or shows, how to make and use it. Prior art can come from any country around the world. There are over 100 authorities to search in many languages. Prior art often requires language translation. At Carson Patents®, our prior art search finds prior art from all these authorities translated to English.
What does “Art” mean?
The art an invention belongs to is the technological area to which the invention pertains, or with which it is most nearly connected. What the invention is determines the art. The technological area(s) an invention is classified into for examination and indexing are frequently similar sounding. For example, if an invention’s classification included words like toys and games, the art would be “making toys and games.”
The “Art” matters because the description from a patent application must enable a person, having ordinary skill in that art, to make and use the invention. So, if the invention were a new toy, a person having ordinary skill in the art of making toys and games would need to be able to make and use the invention from the description submitted with patent application. Contact Carson Patents® for an expert patentability report for your invention or idea.
What does “Patented” mean?
Patented means a product or process has an issued a patent and is legally protected. Legal protection for the product or process has been conferred by the issue of a patent. A patent is the legal right to control the making, using, and selling of the invention for the length of the patent.
Patented means that the patent office examined the patent application and found some claim(s) allowable and the issue fee has been paid. Allowed claims are sent a notice of allowance, and an offer to pay a patent issue fee. Once the issue fee is paid, the patent issues. The allowed claim(s) described in the issued patent are patented (protected). Patent protection offers legal rights to control making, using, and selling for the duration of the patent, in the country or regions where it is issued.
Carson Patents® offers patent application prosecution expert patenting services to help get claims patented. Contact us to start the steps to patent for your invention or idea with a utility patent or a design patent application.
US Patent Laws
35 U.S.C. 101
35 U.S.C. 101 Inventions patentable.
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.USPTO Manual of Patent Examining Procedure
35 U.S.C. 102
35 U.S.C. 102 Conditions for patentability; novelty.
(a) NOVELTY; PRIOR ART. – A person shall be entitled to a patent unless – (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention, or (2) the claimed invention was described in a patent issued or in an application for patent published or deemed published, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.USPTO Manual of Patent Examining Procedure
35 U.S.C. 103
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.USPTO Manual of Patent Examining Procedure
Important TIP: When looking for an expert patentability report or patent help from a patents firm/office, only patent attorneys and patent agents can prosecute patents. Contact Carson Patents® for your USPTO Registered Patent Practitioner help.