How Will I Know if I Can Obtain a Patent?

It isn’t always clear if an invention meets the requirements to be considered patentable. What might seem new to one person may already be known to another. Therefore, a good starting point would be to have a patent search performed on the invention to discover if anything similar exists. A patent search consists of a search of existing patents, published applications, and sometimes the internet to determine if the invention itself or other relevant prior art exists.

If the results of the search indicate some similarities between prior art and the invention then a patentability opinion may be desired. A patentability opinion is performed by a patent attorney or agency, such as InventHelp, and is based on the results of the patent search. Each result is carefully scrutinized and compared with the invention to determine if the invention has novel features and would be non-obvious in view of the patent search results.

There are three types of patents:

  • Utility Patents may be granted to an inventor of any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
  • Design patents may be granted to an inventor of a new, original, and ornamental design for an article of manufacture.
  • Plant patents may be granted to an inventor who invents or discovers and asexually reproduces any distinct and new variety of plant.

Applications made for the above types of patents are known as non-provisional applications. A provisional application is a separate application which is shorter than a non-provisional application and which is essentially a tool to obtain an early filing date, and to find out more visit

Leave a Reply

Your email address will not be published. Required fields are marked *