HOW TO PATENT PRODUCT US


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Is your new Product Patentable?

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In general, new processes, machines, articles of manufacture (such as chairs), or composition of matter (such as nanotech compositions) are patentable. Recently, in the Supreme Court’s Bilskidecision, Justice Kennedy wrote that Section 101 is a dynamic provision and that “times change.” He observed that the machine or transformation test may have been appropriate for the Industrial Age but found reason to doubt its appropriateness as a sole test for the Information Age. Today that test, used alone, would create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and the manipulation of digital signals, he added. Patent law must balance the protection of inventors without granting monopolies over procedures others would discover independently by applying general principles. If you are not certain about satisfying Section 101 requirement, consult with a patent attorney.

Next in the analysis, even if you product or service passes the subject matter requirement test, an invention is not patentable if the claimed subject matter is completely shown in the prior art (anticipation) or is rendered obvious by combining features from one or more prior art references to match the claimed subject matter (obviousness). The reference(s) must not only disclose every feature of a claim, but must also disclose the features arranged or combined in the same way as the claim.
The test for prior art is whether the subject matter was disclosed before the date of filing, or before the date of priority if you have an earlier parent application, of your patent application.

In the US, there is an on-sale bar doctrine which states that if you have sold or offered for sale products or services embodying your invention for more than a year, then your product or services may bar your patent application.

Whether your invention is patentable is a complex question, and you should talk to a patent law firm such as Tran & Associates if you have questions.



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