Patent Attorney and Founder
To figure out if your idea is patentable, you need to clear a couple of key hurdles. The first one is eligibility. Does your invention even fit within the categories patent law covers? Not everything is patentable. For example, natural phenomena, like DNA or laws of physics, are excluded. Even if you discover something totally new, like a principle of nature, you can’t own that discovery through a patent.
Abstract ideas are another tricky area. If you can’t point to something tangible—something you can physically see or use—it might not qualify for a patent. This is where the eligibility test starts.
Once you’ve passed that first test, it’s about patentability. There are three main things you need to prove:
- Novelty: Your invention has to be brand new, not just something that hasn’t been patented yet, but also something that hasn’t been published anywhere.
- Non-obviousness: Even if it’s new, is it obvious? For example, let’s say you come up with a new way to make door handles easier to grip by adding texture. It might seem like a small tweak, but could someone else have easily thought of it? If so, it might not be patentable.
- Utility: Your invention must have a clear benefit, something that makes it useful.
If you can check all three boxes, you’re likely good to go. Once that’s all clear, it’s time to file for a patent—don’t wait too long!
David brings up a great point about non-obviousness. It’s often the hardest part to figure out. Sometimes an idea that seems simple or small, like adding texture to a door handle, might still pass the test. It really depends on how you explain it or refine the idea. If it’s just a slight change to an existing concept, that could still be enough to get through.
So, don’t give up just because it feels obvious at first. It’s worth exploring further. Work with someone experienced, especially if your idea involves combining different technologies or concepts. They can help you figure out the best way to approach it, and if it’s close, filing early might still be the right move.