Patentability-First step of monetization of new invention
An invention requires a huge amount of money as well as dedicated effort. If you do not turn your unique idea into a positive outcome, your effort will be meaningless. Your dream will be successful by only patenting your idea. It is wise to hire a patent attorney for submission of patent application. The main duty of a patent lawyer is to search the patentability of the invention, drafting patent submission form and assisting the inventor to get approval of the submitted patent. However, if you do a preliminary research on the patentability and provide the feedback to your hired patent attorney about the invention, it will save your money and time. In this article, I will provide you some tips about the patentability search for the beginners.
Whenever you want to patent a new invention, you have to make patentability search to confirm whether this type of invention was already recorded in prior art. Prior art is not an artistic material, it is a knowledge related to invention. Prior art includes trade journals, previous patents, various publications and public discussions.
The inventor will get the information about the five basic requirements for patentability from prior art.
- Patentability of the subject matter
- Non obviousness
Patentability of the subject matter: The patentable subject matter clearly defines what invention is. The patent is granted on the basis of this definition. Under section of 2(1)(J) of TRIPS agreement invention is defined as a new product or process that involves inventive step and capable of industrial utility. The abstract ideas and substances found in nature will not be treated as invention.
Utility: The invention must be useful. The patent examiner will determine whether the asserted utility is specific, substantial or credible.
Novelty: The patent of the idea will be granted unless the claimed invention was published in print media or it is already available for public use before the filing date of patent application.
Non obviousness: Similar types of descriptions may be available in the patent art. The patent attorney can understand the field of patent drafting and draft the application that covers the specific point. The process reduces the chance of rejection.
Enablement: Enablement is disclosure of specification that describes the workings and legal definitions of the invention. The disclosure is a part of every patent application.
The inventor should remember that patent application is a legal document. The beginners will be confused if they want to understand the essence of documents by literally meaning of the words. They have to think the meaning of the claim statements in wider and broader aspects.
The patentability analysis is another vital part of the patent submission. The analysis evaluates which part of the invention will be patented. The patent attorney can understand the field of patent drafting and draft the application that covers the specific point. The process reduces the chance of rejection.
The inventor should be very much cautious about the rejection of the patent application. Apart from losing time and money, there are many adverse effects of the rejection. The unique idea of the inventor will be exposed to the world and the competitors will get access to his work. The competitors can reap the benefits from his invention.
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