Obtaining a patent on an invention requires that the product or process be a creative solution that has not been made public before the application date. This means that inventors must pay attention to many different requirements in order to meet the criteria for patentability. For example, if an inventor has someone manufacture or use their invention to determine if it is worthy of a patent and then applies for it after one year, the application may be denied because it is no longer new. Before applying for a patent, inventors must investigate the patentability of their invention and ensure that it meets all of the requirements for patent eligibility.
This includes providing enough information in the application so that any expert in the field can manufacture and use it without excessive experimentation after the patent expires. In addition, the best mode of practicing the invention must be disclosed. Inventors must also be aware of the one-year grace period. If they do not apply for patent protection within this time frame, they will lose all right to obtain patent protection on the invention.
In most cases, the utility requirement is easily met in the context of computer and electronic technologies. The novelty requirement states that the invention must be different from any previous technique, which includes all previous knowledge, uses, patents and publications in the field of the invention in question. Once a patent is granted, it gives the patent holder exclusive rights to exclude others from manufacturing, using, importing, and selling their patented innovation for a limited period of time. Determining whether an invention is obvious or not is one of the most difficult determinations in patent law as it requires an analysis of whether a particular change or improvement is simply the next logical step with respect to the previous technique or if it represents an inventive leap forward.
Patents are governed exclusively by federal law and federal district courts have original jurisdiction to hear all civil cases that arise under any federal patent law. Printed material can also be patentable if it relates to a physical invention and is new and useful or new and not evident. In conclusion, inventors must pay attention to many different requirements in order to obtain a patent on an invention. This includes investigating patentability, disclosing sufficient information to allow others to practice the claimed invention, and applying for patent protection within one year of making their invention public.
