Assess Patentability Your Invention Accurately

What is Patentability?

A patent is a legal document that grants the inventor the exclusive right to make, use, and sell their invention for a limited period of time. Patentability refers to the ability of an invention to meet the criteria for patent protection.
In order to be granted a patent, an invention must be new, non-obvious and useful. In addition the invention must be subject matter eligible, adequately described and enabled by the best mode.

New

Determine if your invention is truly new and different from existing technologies and prior art.

Non-obvious

The invention must involve an inventive step that would not have been obvious to a person of ordinary skill in the art at the time the invention was made.

Useful

The invention must have a practical application and be able to be used in an industry-relevant process or product.

Subject matter eligible

The invention must fall within the statutory categories of patentable subject matter, such as processes, machines, manufactures, and compositions of matter

Adequately described

The patent application must provide a written description that enables a skilled artisan to make and use the invention.

Enabled by the best mode

The patent application must disclose the best mode of carrying out the invention known to the inventor at the time of filing

Why assess Patentability?

A patentability assessment is an essential step in determining whether your invention meets the criteria for patent protection. This assessment can help inventors, businesses, and investors make informed decisions about their inventions and maximize their innovation potential.
Also, doing a patentability assessment saves time, effort and cost down the line when you actually file a patent application or respond to office actions from patent offices.

Governing USPTO Rules and Guidelines

The United States Patent and Trademark Office (USPTO) has established two main rules that govern patentability: Rule 101 and Rule 102. In addition to the USPTO rules, there are specific patent laws and sections that address patentability.

Rule 102: Novelty

An invention must be new and not have been anticipated by prior art.

Rule 103: Non-obviousness

An invention must involve an inventive step that would not have been obvious to a person of ordinary skill in the art.

Section 101:

Subject Matter Eligibility: An invention must fall within the statutory categories of patentable subject matter, such as processes, machines, manufactures, and compositions of matter.

Section 112: Written Description

The patent application must provide a written description that enables a skilled artisan to make and use the invention.

Section 116: Best Mode

The patent application must disclose the best mode of carrying out the invention known to the inventor at the time of filing.

A patentability assessment is an invaluable resource for inventors, businesses, and investors seeking to protect their intellectual property and navigate the complexities of patent law. DexPatent's team of experts provides comprehensive patentability assessments that help you make informed decisions about your inventions and maximize your innovation potential. Contact us today to discuss your patentability assessment needs.

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Frequently Asked Questions

A patent is a legal right granted to an inventor or applicant by a government authority, typically for a specified period. It provides exclusive rights to the inventor, preventing others from making, using, or selling their invention without permission. Patents are granted for new and inventive products, processes, or methods that are useful and have industrial applicability. They encourage innovation by offering inventors protection and the opportunity to commercially exploit their inventions.

A patent grants exclusive rights to inventors:
- Exclusive rights to the invention
- Ability to commercialize it
- Legal protection for enforcement
- Limited duration (typically 20 years)

Patent rights are not universal. Each country has its own patent system. International agreements like the PCT help simplify the process.

Assess Patentability Your Invention Accurately

What is Patentability?

Why assess Patentability?

Benefits of conducting a patentability assessment

Are novelty and patentability the same?

How DexPatent Conducts Patentability Assessments

Governing USPTO Rules and Guidelines

OUR TECHNOLOGY EXPERTISE