Patents are an important part of intellectual property protection. By patenting a product, only that company is allowed to use the design and sell the product. Patents can be incredibly valuable, especially when a company has an exclusive patent for a product or service that really doesn’t have competition because no one else has developed it yet.
But how do you determine if the work is patentable or not? It needs to fit a number of criteria, as noted below.
1. The correct subject matter
First off, patents can’t be used for just anything. The subject matter typically needs to be a composition, a process, a machine, a manufacturable product or a clear improvement.
2. A specific utility
The patented invention needs to have a purpose. It needs to have a certain function that sets it apart in the market. The invention doesn’t have to be constructed, but the plans need to show clear functionality.
3. A novel invention
Next, the invention needs to be novel and original. It can sometimes be a clear improvement on a previous product, but it can’t be too derivative or clearly a copy of existing IP.
4. A non-obvious innovation
When the patent is for something that is an innovation, it has to show clear progress. It has to be useful and something that isn’t obvious or easily replicated by anyone.
5. A describable invention
Finally, to get a patent on an invention, you must be able to describe it in detail and clearly show the benefits in the industry. You must be able to describe how it works, what purpose it serves, and things of this nature.
If all these criteria are met, your work may be patentable, so be sure you know what legal steps to take next.