USPTO Standards: Is My Product Patentable?

You would think that it is simple to know which inventions are patentable and which are not. However, USPTO standards for patents are a little tricky; therefore, we will take some time today to discuss USPTO standards. Before filing for a patent, you will need to answer the ultimate question: is this product patentable?


The first question to answer in your quest to receiving a patent is: “does your product meet all the requirements of a patent?” It sounds like a straightforward question. However, with the recent changes in the patent law this question becomes more complicated. The United States Patent system no longer has a ” first to invent” filing system. Now patents are awarded to the individual or company that filed first, regardless of who created the commodity first. “In summary, the requirements for obtaining a patent include subject matter eligibility, novelty, obviousness, and written description.”

Next inventors must ask “is this the type of thing eligible to patent?”  To begin with it might be easier to describe what can not be patented, “natural phenomenon, abstract ideas, laws of nature.”  The types of inventions or products that have fallen in the ineligible to be patented area are as follows, a computer program or application that is categorized as an “abstract idea.” Not to mention, “certain patents on isolated genes for breast cancer fell squarely within the law of nature exception.”

Now let’s discuss products that generally are suitable for patents. There are three types of patents, plant, design, and utility. If you are applying for a utility patent, here are some of the qualifications. You have made a system to create or assemble a “tangible result,” such as a new smartphone application. Or you may have invented a new “machine.” Design patents are available to goods and services whose prototype  is “novel, non-obvious, and nonfunctional.” Plant patents are simply awarded to products that are “both novel and non-obvious.”

Obtaining a patent whether it is a utility, design, or plant patent can be difficult, please contact us if we can assist you.

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