People produce new inventions every day. If an inventor wants to protect that invention, they may need to get a patent. But what if you invent something and cannot patent it?
What makes a patent?
A patent is a legal tool that grants an inventor rights to a product or service for a given period, which means the original inventor has the right to prevent others from selling, making, offering or importing something like the patented product or service.
There are five essential requirements to qualify for a patent:
- Novelty: It must be new and not publicly known
- Non-obviousness: It must not already be known to a field or industry
- Utility: It must have a practical use and function
- Patentable subject matter: The product must physically exist or manifest an observable change to the industry it aims to help
- Enablement: When a skilled person in the industry can use the product to improve the work without having to experiment with it
In exchange for this exclusivity, the inventor discloses the patented information to the United States Patent and Trademark Office (USPTO).
When is it not necessary to get a patent?
Discoveries come in every day, but not every new idea warrants patent protection. Inventions that do not generally qualify for patent protection include the following:
- It is an invention that does not do what it claims
- It is a scientific theory or mathematical method
- It is merely a new way of using a known process, machine or product
- It involves agriculture, horticulture or relating to atomic energy
- It exists and is traditional knowledge
Patenting an idea or invention follows strict requirements. Many more nuances influence patentability, making it challenging to attain.
Patenting is a small portion of the vast landscape of intellectual property in business and the world. If you have an invention that warrants patent protections, take charge in better ensuring that you benefit from these protections before sharing it with others.
