Patentability Criteria
Here's a breakdown and summary of the three important criteria...
Novelty. The invention must be new and different from items that already exist. The PTO won't let different people patent the same old invention, only new ideas qualify. It's that simple.
Nonobvious. The invention can't be obvious. You can't just take an old idea and modify it in an obvious way. Combining two older inventions together also doesn't work, unless their combination results in new and unexpected results.
Utility. The invention must be useful. It doesn't matter if it only works some of the time, as long as it provides some benefit, the PTO may allow it.
One of the most common misconceptions of patents revolves around ideas. Ideas may not be patented. Only actual inventions may qualify for a patent. While most inventions start with an idea, inventors must reduce their invention to practice before it may qualify for a patent. Read our article, 'Can You Patent an Idea?' for more information.
