Can I Patent My Idea? - What Makes an Idea Patentable? - Inventor FAQ - Ask an Attorney

What makes an idea patentable? Is it a new, useful and non-obvious improvement? In this video patent attorney Vincent LoTempio gives an explanation and example of what is "non-obvious".

Once you have an idea the question is whether or not you can get a patent for that idea. There are certain types of patentable subject matter:

1. Machine
2. Article of manufacture
3. Composition of matter
4. Method of doing business.

Once you make a determination that you have Patentable subject matter the question is whether or not it “is patentable” based on prior art. The Machine or article of manufacture (or other patentable subject matter) has to be new, useful and nonobvious improvement over everything that's already out there.

In order to figure if the idea is new we perform a patentability search so we can give a patentability opinion.

A patent attorney will try to find old patents or patent applications (prior art search) that are pending that might have parts of the idea that we're searching for. Usually we look for structural parts that are the same and then ask the question “whether somebody skilled in the art would think that it was obvious to put these things together and come up with your idea?”

But the question always remains “if it was obvious why hasn't somebody up to this point put these together and made this new exciting invention?” The inventor made it so it's easier, faster, better and less expensive to make. If it was obvious somebody would've done it by now.

The best argument however is that there is no structural thing like the thing that the inventor created. Sometimes we can argue functional differences but the best arguments to get the patent is that the structure that we created does not exist anywhere. Even if that structural part is just a small part of the invention.

Remember anything that an inventor puts together is made of things that are existence in the world. We could always just piece it together with a bunch of patents that are already out there. The question is whether not the way you piece it together is inventive.

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