Definition of Patent – The Four Essentials For Patenting
What are the four essential requirements for an accurate patent definition? These same four things are also necessary requirements to file a patent, provide value and protect your invention from theft. They are:1. The invention must be novelBeing novel means that it can not be known by others or used by others before the inventor claims to have invented it. It also means that the invention can not be patented or publicly disclosed before the inventor’s claimed invention. In other words it can not be an infringement of someone else’s patented work. The patent must be applied for within 1 year after public disclosure or use. 2. The invention must not be obviousThis means that the invention can not be a clear replacement for an original. The proposed invention can not be obvious to a person with average skill in the knowledge area of the invention. An example might be a red toy car. A blue toy car would be an obvious extension of a red toy car. However a toy car that turns into a dump truck is not an obvious extension of a red toy car. 3. The invention must be described simply and completely, so a skillful person could duplicate itVery basic level language must be used. Supplied drawings must be clear and sufficient for a comprehensive understanding of the invention. A person with skill in the knowledge area must be able to understand the invention completely, in order for it to be patentable. If fear of having the invention stolen motivates the inventor to leave out essential elements of the invention, then it is not patentable. This person would be better served by keeping the invention a trade secret. However trade secrets can be very difficult to protect especially from disgruntled employees. 4. The patent claims must be clear and specificThe patent claims are the most difficult, but the most important part of a patent. They are the intellectual property that you are requesting the patent office to protect. These claims must be specific and clear, otherwise the patent office will not accept them. Even if the patent office does accept them, they must be defensible in court. Only an experienced patent lawyer or patent agent would likely be able to foresee potential problems with claims. Many parts of the patent can be done by the inventor, but the claims are not one of them. This is the area where a patent lawyer can really be worth the cost.
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