What inventions are patentable?

  

When deciding whether or not an invention is patentable, there are five requirements that must be met. These requirements were established by Congress, so they can always change based on the most recent Supreme Court ruling. The first four patentability requirements have to do with the invention itself, while the last requirement is based on how you write your patent application. The fifth requirement is the reason why most people hire a patent attorney when filing a patent.


The first requirement concerns whether or not your invention can be protected by a patent. The original law says that anything made by man can be patented; however, there are things that the Supreme Court has deemed impossible to patent. The three categories that have been put outside the bounds of patents are the laws of nature, abstract ideas, and natural phenomena. Although these categories have been mandated off limits, the USPTO has tried to expand the limits and create new standards for patentable subject matter. One of them includes trying to patent business methods; however, the Supreme Court has ruled that they must involve a computer to be patented.


The second requirement requires that an invention be useful in some way. The invention only needs to be partially useful to pass this requirement; it will only fail if it is totally unable to achieve a useful result. This is a very easy requirement to pass, but it can fail if you cannot identify why your invention is useful or do not include enough information to demonstrate why your invention is useful. Also, your claim of why your invention is useful will not be credible if the logic is flawed or the facts do not match the logic.


The third requirement, the novelty requirement, prompts the inventor to demonstrate that his invention is new in some way. An invention will not meet this requirement if it is identical to a reference previously made to its invention. In other words, if your patent would infringe an existing patent, then it doesn't pass this requirement. If the reference is a newspaper or some other format, you should ask: if the newspaper had a patent, would your new patent infringe?


For your invention to pass the fourth requirement, it must be non-obvious. Your invention would be obvious if someone with knowledge of the field combined some past references and came up with your invention. Therefore, an invention cannot consist of a simple combination of previous inventions; however, if the addition of the inventions is not considered already known, it will be considered not obvious. Therefore, this requirement can be very difficult. So, in summary, if an invention contains only obvious differences from the state of the art, it will not meet this นวัตกรรมสิ่งประดิษฐ์.


The written description requirement is different from the other tests because it has to do with completing the patent rather than the invention itself. This last requirement requires that an invention be described so that others can make, use and understand the invention. There are three requirements to do this. First, the licensing requirement says that the inventor must describe his invention in a way that other people can make and use it. The best mode requirement requires an inventor to describe how he prefers to carry out the functions of his invention. The written description requirement has no strict guidelines, and no one is exactly sure what it requires; so to satisfy you, it's easier to say that you just need to describe your invention in as much depth as possible.

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