How To Write A Broad Provisional Patent Specification
Filing for provisional patent protection can be a smart move for inventors, as doing so gives you the right to use “patent pending” language and take up to 12 more months to file the non-provisional patent application materials. The provisional patent specification, which is essentially a description of the invention, forms a key part...
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3 Steps to Take Once your Invention is Patent Pending
Woohoo!! You’re Patent Pending!!! Now What??? …. Well, don’t just sit there!
Seriously, one of the worst things you can do while your patent is pending is wait for the USPTO, wait to time the market out just right, or wait until your product is perfect (hint: it will never be perfect).
“Do the thing, and...
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US Patent Requirement #4: Non-Obviousness
When it comes to patent requirements, non-obviousness seems like it should be, well, obvious. However, it's one of the most common reasons for patent denials. When the examiner is considering these criteria, they are faced with a very subjective question:
Could someone with an ordinary skill level in a relevant...
US Patent Requirement #3: Utility
There is good news for anyone assessing the patent utility requirement as they work on protecting their IP. It's actually harder to create something that doesn't meet the standard. Utility simply means that your invention has to be useful—but that leaves a lot of room for flexibility.
Just as one man's trash is another's treasure,...
US Patent Requirement #2: Novelty
Novelty is probably one of the most misunderstood patent requirements because it seems like it should be easy. The word itself brings to mind fun things like giant pencils or wasabi-flavored ice cream. It's not exactly something you'd expect to see in the legal system. However, what novelty means in patent law...
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US Patent Requirement #1: Subject Matter Eligibility
Patent subject matter eligibility isn't the only criteria you will have to overcome for approval, but it’s one of the most important.
Unfortunately, far too many people have wasted a lot of time pursuing IP protection for ideas that, while novel and unique, don't meet the subject matter-eligible status that they'll...
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