If you are considering applying for a patent, you may find yourself asking whether or not the invention you have is even patentable. Do you qualify for this type of legal protection? If you apply for a patent, are you just going to be told that it’s not possible?
To determine eligibility, there are many different factors that need to be considered. For instance, the United States Patent and Trademark Office (USPTO) lists potential categories for inventions, and those that do not fit may not be able to be patented. It’s very important to be familiar with the categories that you can use.
But there can also be issues if your idea has already been patented by someone else or if a public disclosure has been made.
Conducting a search
A public disclosure is important because this prior disclosure may mean that your invention is no longer patentable. Some of these disclosures include inventions that have already been patented by someone else, but not all.
It is worth noting that the USPTO says that this search is not necessarily legally required. You could simply apply for the patent and then be denied if the patent office finds that disclosure has already been made by someone else. But this could be a significant cost in terms of time and money, with no positive result, so it is usually advisable to conduct this previous disclosure search in advance.
Doing so can be complicated, as patent law is inherently complex. It’s very important to work with a qualified attorney when determining if your invention can be patented, searching previous records and exploring the legal steps you need to take to file the correct patent application.