Want a patent for your invention? Make sure it has these 4 characteristics.

04 May 2017 fa08fddd9cb353f1a733dd9bcb99a6fa

4 Characteristics of a Successful Patent Application

The first photo is of British inventor, Richard Browning demonstrating his latest invention, an Iron-Man-style flight suit at the Ted (Technology, Entertainment and Design) Conference in Vancouver recently.

For many inventors and aspiring entrepreneurs developing an idea into a viable product usually takes years and years of trial and error; and for some, one reward for all this hard work is the chance to secure a patent for their invention.

The benefits of a patent are essentially two-fold; one to prevent others from simply copying the invention and two, for the inventor to commercialise it.

So what does an inventor have to do to secure a patent? Well in the UK, his patent application to the Intellectual Property Office (IPO) must satisfy the following criterion.

The invention must:

#1. BE NOVEL (NEW). In other words it must never have been made public by anyone, in any way, anywhere in the world, before the date on which an application for a patent is filed.

#2. INVOLVE AN INVENTIVE STEP (NOT OBVIOUS). Or to put it another way, when compared to what is already known, the invention would not be immediately obvious to a skilled practitioner in the relevant technical field.

#3. BE CAPABLE OF INDUSTRIAL APPLICATION. This means that the invention must be able to be put to some use.

#4. NOT FALL INTO THE EXCLUDED CATEGORY FOR NON PATENTABLE MATTER; in other words a patent cannot be granted for certain types of invention such as a discovery, a scientific theory or mathematical method.

What if you patent application is not successful?

Don’t fret if your patent application is  not successful, providing you don’t infringe someone else’s existing patent you are still free to launch your product; and who knows, with first mover advantage,  you still may have a commercially successful product on your hands!!

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