How to Determine if Your Invention is Patentable

Before beginning the lengthy process of filing for a U.S. patent in Los Angeles County, you should first make sure that your invention is patentable. To do this you’ll need to carefully review U.S. patent law.

Patent law states that any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.” However, there are interpretations of terms such as “useful” which may determine whether an invention can be patented.

The best way to know whether your invention is patentable is to ask a Los Angeles patent law attorney.

Requirement of Novelty and Non-Obviousness

Two strict conditions for obtaining a patent are novelty and non-obviousness. In other words, your invention must be something new, as defined by patent law. Patent law states that an invention cannot be patented if:

  • The invention is already known or used by others in the United States;
  • The invention has been patented or described in a printed publication in the United States or a foreign country, prior to the invention by the patent applicant; and
  • The invention has been patented or described in a printed publication in the United States or a foreign country, or was in public use or on sale in the United States for more than 1 year prior to application for the patent.

A qualified Los Angeles patent law attorney can help you through these initial phases in determining if your invention meets the qualifications for novelty and non-obviousness.

Things That Cannot Be Patented

Patent law prohibits individuals from patenting:

  • Laws of nature;
  • Physical phenomena;
  • Abstract ideas; and
  • A mere suggestion of an invention.

Therefore, while a new machine, manufacture, or matter etc. may be patented, the mere suggestion of these things will not be eligible. A complete description of the actual thing to be patented is required by law.

Knowing whether your invention is patentable is just the beginning of the patent process. You will then need to search for similar inventions, and submit your original design. There are also fees and specifications during the application process, and you may need help protecting your patent from infringement by other individuals. This is where a Los Angeles patent law attorney comes in.

Contacting a Los Angeles Patent Law Attorney

The California patent attorneys at the ADLI Law Group P.C. can handle all of your patent, trademark, and copyright needs. Our firm specializes in technology patents including nuclear energy, optics, computer hardware and software, electronics, and many other fields. Our patent attorneys hold degrees in physics, electrical engineering, computer engineering, and several other technology fields.

We serve clients across Los Angeles County and the U.S., as well as internationally in countries such as China, Taiwan and Japan. Contact us today for experienced help with securing the patent rights to your invention – (213) 290-4933.