(Short Article from PATENT VITAL, LLC)
United States (U.S.) utility patents offer great protection for inventions. However, utility patent application processes are typically complex and complicated, and require time and money. Companies and inventors often wonder whether they should proceed to apply for a utility patent for a specific invention. Among other factors, below is a non-exhaustive list of example factors to consider before making the decision.
(1) Is the invention in the statutory categories of patent-eligible subject matter? If not, it would not make sense to apply for a U.S. utility patent for the invention. The statutory categories are process, machine, manufacture, composition of matter, and improvement of any of the above categories, where the manufacture refers to article of manufacture.
(2) Is the invention novel and non-obvious? In order to be entitled to a patent, the invention should meet novelty requirements and non-obviousness requirements. It is helpful to evaluate the novelty and non-obviousness of the invention before making the decision about whether to proceed to apply for a utility patent. For example, a prior art search and assessment can be performed before making the decision.
From: Wenzhi Lin, PATENT VITAL, LLC | patentvital.com
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