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Avoiding patent eligibility challenges

Apr 29, 2020 | Patent Law

Having a patent can be crucial for a business or individual, as it allows this party to profit from their invention. Without a patent, others can make, use and sell it without your permission. As such, if you have an invention and you want to protect it, filing a patent request will be critical.

However, there are several reasons why your request for a patent can run into challenges. Below are some of the challenges that can arise and what you can do to avoid them.

You can’t patent it

Not everything can be patented. According to the United States Patent and Trademark Office, the following things cannot be patented:

  • Abstract ideas
  • Suggestions
  • Laws of nature
  • Elements

Your invention does not meet requirements

In order for the USPTO to approve a patent request, your invention must meet specific requirements. It must:

  • Be novel
  • Be useful, meaning it has a specific purpose
  • Be non-obvious, meaning it is not readily apparent

Your invention must also be directed to a process, a composition of matter, a machine, or manufacture.

In order to prove that your invention meets these criteria, your application should be as thorough and complete as possible. You should include the necessary descriptions, claims, pictures, and an abstract explaining the problem that your invention solves.

If your application is incomplete or if you do not submit it correctly, it can be delayed and denied.

Setting your application up for success

While you might understand every detail and function of your invention, having to explain it in a specific way can be an extraordinary challenge. Additionally, navigating the patent application and legal process when you have not done so before can result in some avoidable missteps, which could jeopardize a patent.

As such, whether you have questions about patent rights or the process of securing a patent, consulting a professional familiar with patent law can be wise.

 

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