Patent Attorney and Founder
Today, let’s dive into an important question: How do I know if my invention is patentable?
I’m JD Houvener, founder of Bold Patents Law Firm. As a patent attorney with over 10 years of experience and more than 400 patents under my belt, I’m excited to guide you through this process.
So, how do you figure out if your idea can be patented? It’s a great question, and there are three key things to consider.
1. Eligibility
First, does your invention even qualify under patent law? Most inventions do, but there are a few exceptions. Here’s a breakdown of what isn’t eligible:
- Abstract ideas: Think about something that’s difficult to explain, like a vague concept or a basic thought process. If it’s more of an idea you can’t physically touch or feel, it’s not patentable. A simple chat between two people, or a mental process that happens naturally, doesn’t count as an invention.
- Laws of nature: If you’ve discovered something like a new law of physics or a new mineral, that’s part of nature. These discoveries are not things you “create” with your mind, so they can’t be patented.
- Things already patented: If something’s already been patented, it’s off-limits. It’s in the public domain, and you can’t file for a patent on it again.
2. Novelty and Non-Obviousness
Once your invention is eligible, the next step is to figure out if it’s truly new. There are two parts to this:
- Novelty: Your invention needs to be the first of its kind. This means doing research to make sure no one else has come up with the same thing. If you’re unsure, take some time to dig into industry resources, books, and even talk to others in the field to see if anyone’s seen anything like it before.
- Non-obviousness: Even if it’s new, it can’t be an obvious tweak to something that already exists. If someone in the field would look at your idea and think, “That’s just a small change,” it’s probably not patentable.
If you’ve done your research and think your idea is unique, it might be time to get a patent attorney involved. Professionals like us at Bold Patents have tools and resources to help confirm whether your invention is truly one-of-a-kind.
3. Utility
For your invention to be useful, it needs to solve a problem or offer a benefit to the world. A useful invention will help people in some way, whether by improving something or creating something new entirely.
Final Thoughts
If your invention clears all these hurdles, you’re on the right track. However, this process requires careful research and attention. Be sure to protect your ideas—especially when discussing them with others. A non-disclosure agreement (NDA) is key to keeping your invention safe.
If you’re still uncertain, reach out to us for a legal opinion. A patent attorney can guide you through the process, help with research, and ultimately save you time and effort.
Want to learn more? Download our free Inventor’s Kit below for a deeper dive into patent searches, options, and costs—whether you’re doing it yourself or working with an attorney like us.
Hope that clears up the patentability question! If you have more questions, don’t hesitate to ask. Go big, go bold!