Do you know what kind of an invention can be granted as a Patent?

An invention, whether a jet plane, cellphone, or watermelon, is not really an invention unless it is new.
But workers sometimes engage in a routine problem-solving, and their creations, even though they are technically new.

Patent gives you monopoly

Those are “obvious” developments and should not earn the strong protection of a patent monopoly.
To uphold this policy, an examiner at the PTO (Patent and Trademark Office) applies these “novelty” and “non obviousness” requirements of the patent laws to each patent application.

“novelty” is often misunderstood

In the next, we need to talk about the details of “novelty” and “non obviousness” requirements each other.
There is the novelty test.
To meet this novelty test, it must have some physical or method-step difference over all prior developments.
The developments should be available to the public anywhere in the world.

There are TWO (2) main considerations

Unfortunately, like many things in the law, the determination of what is prior art can be quite complex and involved.
What qualifies as “art” and when art is “prior” to a patent application.

According to the patent law, the term “prior art” means all the knowledge existing or publicly available before the date of the patent application.
This includes any knowledge that was made publicly available prior to the filing date.

Most of novelty rejections are made with?

Prior art also includes patent applications of another inventor, that is based on an earlier foreign or domestic applications.
Most of novelty rejections are made with the patent applications of another inventor.

Finally, prior art includes prior use and on-sale activities of the invention, even if done in another country.

“non obviousness” is difficult-to-understand

In the law, no matter how different an invention.
The applicant is not entitled to a patent on it unless its differences over the prior art is considered “non obviousness” by the PTO.

The applicant will find that an invention has one or more features or differences that are not shown in any one prior-art reference.

However, even though your invention is physically different from such a prior art, this is not enough to qualify for a patent.
To obtain a patent, the physical differences must be substantial and significant.
That is, the differences between the invention and the prior art must not be obvious to one with an ordinary skill in the art of the invention.

One Stop Asian IPs
Masuvalley and Partners