Filing a Patent Application

It’s recommended that a new invention or idea be patented as soon as possible. But before filing a patent application, businesses should first ask themselves the following questions:

  1. Is it marketable?

Personal market research should be conducted before applying for a patent. This will determine the marketability of the product. If it is of no interest to potential consumers, the product or idea shouldn’t be patented.

 

  1. Did you invent it?

Only those who are the sole inventor or co-inventor can apply for a patent. A co-inventor must contribute something substantial to one of the patent claims.

 

  1. Do you own it?

This question is mostly geared toward employees. The employer may own the invention if it was made during employment, on their time, and is related to their business.

 

  1. Is it useful?

Inventions have to be useful in order to be patented. This means it must produce a result or make a product.

 

  1. Does it fit into one of the patent “classes”?

There are four classes of patents. These are: processes and methods, machines, articles of manufacture and compositions of matter.

 

  1. Is it new?

The invention has to be different than previous inventions to qualify for a patent.

 

  1. Is it something that is not obvious to other inventors?

This means the inventor will have to decide if people working in the same field would consider the invention obvious.

Not every idea or product is patentable. Before shelling out money or the hefty patent filing fees, it would be in a business best interest to ask themselves these questions. InnovaCounsel attorneys have experience assisting businesses file for patents, copyright and licenses. Contact them for more information about their in-house services


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